Florida Senate - 2017 SB 1704
By Senator Campbell
1 A bill to be entitled
2 An act relating to sexually transmissible diseases;
3 amending s. 384.23, F.S.; defining the term “sexual
4 conduct”; amending s. 384.24, F.S.; expanding the
5 scope of unlawful acts by a person infected with a
6 sexually transmissible disease; expanding the list of
7 sexually transmissible diseases; reenacting s.
8 384.34(1) and (5), F.S., relating to penalties
9 pertaining to transmission of sexually transmissible
10 diseases; providing an effective date.
12 Be It Enacted by the Legislature of the State of Florida:
14 Section 1. Section 384.23, Florida Statutes, is amended to
16 384.23 Definitions.—As used in this chapter, the term:
17 (1) “Department” means the Department of Health.
18 (2) “County health department” means agencies and entities
19 as designated in chapter 154.
20 (3) “Sexual conduct” means conduct between persons,
21 regardless of gender, which is capable of transmitting a
22 sexually transmissible disease, including but not limited to
23 contact between a:
24 (a) Penis and a vulva or an anus; or
25 (b) Mouth and a penis, a vulva, or an anus.
(3) “Sexually transmissible disease” means a bacterial,
27 viral, fungal, or parasitic disease determined by rule of the
28 department to be sexually transmissible, to be a threat to the
29 public health and welfare, and to be a disease for which a
30 legitimate public interest will be served by providing for
31 prevention, elimination, control, and treatment. The department
32 must, by rule, determine which diseases are to be designated as
33 sexually transmissible diseases and shall consider the
34 recommendations and classifications of the Centers for Disease
35 Control and Prevention and other nationally recognized medical
36 authorities in that determination. Not all diseases that are
37 sexually transmissible need be designated for the purposes of
38 this act.
39 Section 2. Section 384.24, Florida Statutes, is amended to
41 384.24 Unlawful acts.—
42 (1) It is unlawful for a any person who has chancroid,
43 gonorrhea, granuloma inguinale, lymphogranuloma venereum,
44 genital herpes simplex, chlamydia, nongonococcal urethritis
45 (NGU), pelvic inflammatory disease (PID)/acute salpingitis,
46 human papillomavirus, hepatitis, or syphilis, when the such
47 person knows he or she is infected with one or more of these
48 diseases and when the such person has been informed that he or
49 she may communicate this disease to another person through
50 sexual conduct intercourse, to engage in have sexual conduct
51 intercourse with another any other person, unless the such other
52 person has been informed of the presence of the sexually
53 transmissible disease and has consented to the sexual conduct
55 (2) It is unlawful for a any person who has human
56 immunodeficiency virus infection, when the such person knows he
57 or she is infected with this disease and when the such person
58 has been informed that he or she may communicate this disease to
59 another person through sexual conduct intercourse, to engage in
60 have sexual conduct intercourse with another any other person,
61 unless the such other person has been informed of the presence
62 of the sexually transmissible disease and has consented to the
63 sexual conduct intercourse.
64 Section 3. For the purpose of incorporating the amendment
65 made by this act to section 384.24, Florida Statutes, in a
66 reference thereto, subsections (1) and (5) of section 384.34,
67 Florida Statutes, are reenacted to read:
68 384.34 Penalties.—
69 (1) Any person who violates the provisions of s. 384.24(1)
70 commits a misdemeanor of the first degree, punishable as
71 provided in s. 775.082 or s. 775.083.
72 (5) Any person who violates s. 384.24(2) commits a felony
73 of the third degree, punishable as provided in s. 775.082, s.
74 775.083, or s. 775.084. Any person who commits multiple
75 violations of s. 384.24(2) commits a felony of the first degree,
76 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
77 Section 4. This act shall take effect October 1, 2017.