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FL S0546

Bill

Status

Failed

3/10/2018

Primary Sponsor

Rene Garcia

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Establishes the "HIV Prevention Justice Act" to modify Florida's laws regarding transmission of sexually transmissible diseases, particularly HIV, by changing criminal penalties and intent requirements.

  • Changes donation of blood, plasma, organs, or tissue by HIV-positive individuals from a felony of the third degree to a misdemeanor of the first degree, but allows exceptions when deemed medically appropriate by a licensed physician.

  • Requires that prosecution for unlawful sexual conduct while infected with a sexually transmissible disease (including HIV) must prove the person acted with intent to transmit, engaged in conduct posing substantial risk of transmission to an unaware partner, and actually transmitted the disease.

  • Establishes that compliance with medical treatment or behavioral recommendations (including prophylactic device use) negates the required intent, and non-compliance alone is insufficient to establish intent.

  • Reclassifies several related offenses from felonies to misdemeanors, including malicious dissemination of false disease information and unauthorized disclosure of disease status information.

Legislative Description

Transmission of Disease Through Bodily Fluids

Last Action

Died in Health Policy

3/10/2018

Committee Referrals

Health Policy11/2/2017

Full Bill Text

No bill text available