THE BILL ITSELF
SB 764
HIV Prevention Justice Act
Florida Senate - 2026 SB 764 By Senator Jones 34-00235-26 2026764__
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A bill to be entitled
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An act relating to the HIV Prevention Justice Act;
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providing a short title; amending s. 381.0041, F.S.;
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reducing the degree of criminal penalty for certain
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persons who are infected with human immunodeficiency
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virus (HIV) and who donate blood, plasma, organs,
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skin, or other human tissue for use in another person;
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providing an exception; reordering and amending s.
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384.23, F.S.; defining the terms “sexual conduct” and
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“substantial risk of transmission”; amending s.
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384.24, F.S.; revising prohibitions relating to the
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intentional transmission of certain diseases through
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sexual conduct; providing exceptions; defining the
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term “behavioral recommendations”; providing that a
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person’s failure to comply with behavioral
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recommendations is not sufficient to establish intent
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to transmit a disease; amending s. 384.34, F.S.;
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revising penalties to conform to changes made by the
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act; amending s. 775.0877, F.S.; revising requirements
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for HIV testing in cases involving criminal
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transmission of HIV; conforming provisions to changes
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made by the act; amending s. 921.0022, F.S.;
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conforming a provision to changes made by the act;
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amending s. 960.003, F.S.; conforming cross
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references; making technical changes; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the “HIV Prevention
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Justice Act.”
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Section 2. Paragraph (b) of subsection (11) of section
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381.0041, Florida Statutes, is amended to read:
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381.0041 Donation and transfer of human tissue; testing
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requirements.—
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(11)
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(b) Except when the donation is deemed medically
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appropriate by a licensed physician, any person who has human
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immunodeficiency virus infection, who knows he or she is
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infected with human immunodeficiency virus, and who has been
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informed that he or she may communicate this disease by donating
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blood, plasma, organs, skin, or other human tissue who donates
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blood, plasma, organs, skin, or other human tissue for use in
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another person commits a misdemeanor of the first is guilty of a
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felony of the third degree, punishable as provided in s. 775.082
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or , s. 775.083 , or s. 775.084 .
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Section 3. Section 384.23, Florida Statutes, is reordered
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and amended to read:
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384.23 Definitions.— As used in this chapter, the term:
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(2) (1) “Department” means the Department of Health.
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(1) (2) “County health department” means agencies and
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entities as designated in chapter 154.
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(3) “Sexual conduct” means conduct between persons,
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regardless of gender, which is capable of transmitting a
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sexually transmissible disease, including, but not limited to,
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contact between a:
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(a) Penis and a vulva or an anus; or
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(b) Mouth and a penis, a vulva, or an anus.
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(4) “Sexually transmissible disease” means a bacterial,
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viral, fungal, or parasitic disease determined by rule of the
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department to be sexually transmissible, to be a threat to the
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public health and welfare, and to be a disease for which a
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legitimate public interest will be served by providing for
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prevention, elimination, control, and treatment. The department
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must, by rule, determine which diseases are to be designated as
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sexually transmissible diseases and shall consider the
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recommendations and classifications of the Centers for Disease
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Control and Prevention and other nationally recognized medical
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authorities in that determination. Not all diseases that are
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sexually transmissible need be designated for the purposes of
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this act.
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(5) “Substantial risk of transmission” means a reasonable
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probability of disease transmission as proven by competent
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medical evidence.
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Section 4. Section 384.24, Florida Statutes, is amended to
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read:
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384.24 Unlawful acts.—
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(1) It is unlawful for any person who has chancroid,
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gonorrhea, granuloma inguinale, lymphogranuloma venereum,
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genital herpes simplex, chlamydia, nongonococcal urethritis
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(NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
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syphilis, or human immunodeficiency virus, when such person
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knows he or she is infected with one or more of these diseases
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and when such person has been informed that he or she may
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communicate this disease to another person through sexual
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conduct intercourse , to act with the intent to transmit the
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disease, to engage in have sexual conduct that poses a
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substantial risk of transmission to another person when the
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intercourse with any other person is unaware that the person is
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a carrier of the disease, and to transmit the disease to the ,
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unless such other person has been informed of the presence of
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the sexually transmissible disease and has consented to the
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sexual intercourse .
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(2) A person does not act with the intent required under
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subsection (1) if he or she in good faith complies with a
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treatment regimen prescribed by his or her health care provider
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or with the behavioral recommendations of his or her health care
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provider or public health officials to limit the risk of
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transmission or if he or she offers to comply with such
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behavioral recommendations but such offer is rejected by the
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other person with whom he or she is engaging in sexual conduct.
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For purposes of this subsection, the term “behavioral
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recommendations” includes, but is not limited to, the use of a
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prophylactic device to limit the risk of transmission of the
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disease. Evidence of the person’s failure to comply with such a
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treatment regimen or such behavioral recommendations is not, in
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and of itself, sufficient to establish that he or she acted with
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the intent required under subsection (1) It is unlawful for any
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person who has human immunodeficiency virus infection, when such
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person knows he or she is infected with this disease and when
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such person has been informed that he or she may communicate
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this disease to another person through sexual intercourse, to
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have sexual intercourse with any other person, unless such other
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person has been informed of the presence of the sexually
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transmissible disease and has consented to the sexual
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intercourse .
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Section 5. Subsections (1), (2), (4), (5), and (6) of
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section 384.34, Florida Statutes, are amended to read:
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384.34 Penalties.—
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(1) Any person who violates s. 384.24 the provisions of s.
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384.24(1) commits a misdemeanor of the first degree, punishable
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as provided in s. 775.082 or s. 775.083.
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(2) Any person who violates the provisions of s. 384.26 or
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s. 384.29 commits a misdemeanor of the first degree, punishable
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as provided in s. 775.082 or s. 775.083.
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(4) Any person who violates the provisions of the
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department’s rules pertaining to sexually transmissible diseases
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may be punished by a fine not to exceed $500 for each violation.
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Any penalties enforced under this subsection shall be in
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addition to other penalties provided by this chapter. The
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department may enforce this section and adopt rules necessary to
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administer this section.
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(5) Any person who violates s. 384.24(2) commits a felony
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of the third degree, punishable as provided in s. 775.082, s.
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775.083, or s. 775.084. Any person who commits multiple
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violations of s. 384.24(2) commits a felony of the first degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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(6) Any person who obtains information that identifies an
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individual who has a sexually transmissible disease, who knew or
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should have known the nature of the information , and who
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maliciously, or for monetary gain, disseminates this information
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or otherwise makes this information known to any other person,
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except by providing it either to a physician or nurse employed
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by the Department of Health or to a law enforcement agency,
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commits a felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084.
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Section 6. Subsections (1), (3), and (6) of section
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775.0877, Florida Statutes, are amended to read:
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775.0877 Criminal transmission of HIV; procedures;
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penalties.—
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(1) In any case in which a person has been convicted of or
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has pled nolo contendere or guilty to, regardless of whether
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adjudication is withheld, any of the following offenses, or the
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attempt thereof, which offense or attempted offense involves the
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transmission of body fluids , with the exception of saliva, from
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one person to another:
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(a) Section 794.011, relating to sexual battery;
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(b) Section 826.04, relating to incest;
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(c) Section 800.04, relating to lewd or lascivious offenses
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committed upon or in the presence of persons less than 16 years
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of age;
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(d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
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relating to assault;
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(e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
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relating to aggravated assault;
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(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
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relating to battery;
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(g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
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relating to aggravated battery;
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(h) Section 827.03(2)(c), relating to child abuse;
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(i) Section 827.03(2)(a), relating to aggravated child
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abuse;
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(j) Section 825.102(1), relating to abuse of an elderly
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person or disabled adult;
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(k) Section 825.102(2), relating to aggravated abuse of an
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elderly person or disabled adult;
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(l) Section 827.071, relating to sexual performance by
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person less than 18 years of age;
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(m) Sections 796.07 and 796.08, relating to prostitution;
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(n) Section 381.0041(11)(b), relating to donation of blood,
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plasma, organs, skin, or other human tissue; or
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(n) (o) Section 787.06(3)(b), (d), (f), and (g) and (5),
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relating to human trafficking,
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the court shall order the offender to undergo HIV testing, to be
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performed under the direction of the Department of Health in
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accordance with s. 381.004, unless the offender has undergone
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HIV testing voluntarily or pursuant to procedures established in
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s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
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rule providing for HIV testing of criminal offenders or inmates,
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subsequent to her or his arrest for an offense enumerated in
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paragraphs (a)-(m) (a)-(n) for which she or he was convicted or
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to which she or he pled nolo contendere or guilty. The results
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of an HIV test performed on an offender pursuant to this
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subsection are not admissible in any criminal proceeding arising
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out of the alleged offense.
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(3) An offender who has undergone HIV testing pursuant to
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subsection (1), and to whom positive test results have been
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disclosed pursuant to subsection (2), who commits a second or
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subsequent offense enumerated in paragraphs (1)(a)-(m) (1)(a)
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(n) , commits criminal transmission of HIV, a misdemeanor of the
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first felony of the third degree, punishable as provided in s.
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775.082 or , s. 775.083 , or s. 775.084 . A person may be convicted
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and sentenced separately for a violation of this subsection and
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for the underlying crime enumerated in paragraphs (1)(a)-(m)
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(1)(a)-(n) .
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(6) For an alleged violation of any offense enumerated in
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paragraphs (1)(a)-(m) (1)(a)-(n) for which the consent of the
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victim may be raised as a defense in a criminal prosecution, it
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is an affirmative defense to a charge of violating this section
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that the person exposed knew that the offender was infected with
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HIV, knew that the action being taken could result in
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transmission of the HIV infection, and consented to the action
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voluntarily with that knowledge.
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Section 7. Paragraph (e) of subsection (3) of section
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921.0022, Florida Statutes, is amended to read:
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921.0022 Criminal Punishment Code; offense severity ranking
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chart.—
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(3) OFFENSE SEVERITY RANKING CHART
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(e) LEVEL 5
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FloridaStatute FelonyDegree Description
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316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
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316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
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316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
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322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
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327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
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365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
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379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
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379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
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379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
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381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
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440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
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440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
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440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
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624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
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626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
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790.01(3) 3rd Unlawful carrying of a concealed firearm.
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790.162 2nd Threat to throw or discharge destructive device.
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790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
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790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
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790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
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796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
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800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
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800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
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806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
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810.145(4) 3rd Commercial digital voyeurism dissemination.
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810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
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810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
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812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
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812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
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812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
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812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
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812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
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812.019(1) 2nd Stolen property; dealing in or trafficking in.
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812.081(3) 2nd Trafficking in trade secrets.
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812.131(2)(b) 3rd Robbery by sudden snatching.
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812.16(2) 3rd Owning, operating, or conducting a chop shop.
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817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
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817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
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817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
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817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
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817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
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817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
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825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
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828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
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836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
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839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
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843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
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847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
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847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
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847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
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874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
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874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
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893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
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893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
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893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
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893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
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893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
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893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
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893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
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Section 8. Paragraphs (a) and (b) of subsection (2) and
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paragraph (a) of subsection (3) of section 960.003, Florida
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Statutes, are amended to read:
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960.003 Hepatitis and HIV testing for persons charged with
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or alleged by petition for delinquency to have committed certain
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offenses; disclosure of results to victims.—
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(2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
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FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
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(a) In any case in which a person has been charged by
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information or indictment with or alleged by petition for
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delinquency to have committed any offense enumerated in s.
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775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the
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transmission of body fluids from one person to another, upon
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request of the victim or the victim’s legal guardian, or of the
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parent or legal guardian of the victim if the victim is a minor,
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the court shall order such person to undergo hepatitis and HIV
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testing within 48 hours after the information, indictment, or
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petition for delinquency is filed. In the event the victim or,
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if the victim is a minor, the victim’s parent or legal guardian
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requests hepatitis and HIV testing after 48 hours have elapsed
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from the filing of the indictment, information, or petition for
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delinquency, the testing must shall be done within 48 hours
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after the request.
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(b) However, when a victim of any sexual offense enumerated
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in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is under the age
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of 18 at the time the offense was committed or when a victim of
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any sexual offense enumerated in s. 775.0877(1)(a)-(m) s.
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775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly
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person as defined in s. 825.1025 regardless of whether the
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offense involves the transmission of bodily fluids from one
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person to another, then upon the request of the victim or the
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victim’s legal guardian, or of the parent or legal guardian, the
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court shall order such person to undergo hepatitis and HIV
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testing within 48 hours after the information, indictment, or
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petition for delinquency is filed. In the event the victim or,
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if the victim is a minor, the victim’s parent or legal guardian
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requests hepatitis and HIV testing after 48 hours have elapsed
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from the filing of the indictment, information, or petition for
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delinquency, the testing must shall be done within 48 hours
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after the request. The testing must shall be performed under the
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direction of the Department of Health in accordance with s.
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381.004. The results of a hepatitis and HIV test performed on a
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defendant or juvenile offender pursuant to this subsection are
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not shall not be admissible in any criminal or juvenile
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proceeding arising out of the alleged offense.
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(3) DISCLOSURE OF RESULTS.—
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(a) The results of the test must shall be disclosed no
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later than 2 weeks after the court receives such results, under
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the direction of the Department of Health, to the person charged
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with or alleged by petition for delinquency to have committed or
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to the person convicted of or adjudicated delinquent for any
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offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)
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(n), which involves the transmission of body fluids from one
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person to another , and, upon request, to the victim or the
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victim’s legal guardian, or the parent or legal guardian of the
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victim if the victim is a minor, and to public health agencies
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pursuant to s. 775.0877. If the alleged offender is a juvenile,
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the test results must shall also be disclosed to the parent or
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guardian. When the victim is a victim as described in paragraph
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(2)(b), the test results must also be disclosed no later than 2
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weeks after the court receives such results, to the person
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charged with or alleged by petition for delinquency to have
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committed or to the person convicted of or adjudicated
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delinquent for any offense enumerated in s. 775.0877(1)(a)-(m)
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s. 775.0877(1)(a)-(n) , or s. 825.1025 regardless of whether the
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offense involves the transmission of bodily fluids from one
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person to another, and, upon request, to the victim or the
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victim’s legal guardian, or the parent or legal guardian of the
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victim, and to public health agencies pursuant to s. 775.0877.
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Otherwise, hepatitis and HIV test results obtained pursuant to
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this section are confidential and exempt from the provisions of
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s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
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shall not be disclosed to any other person except as expressly
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authorized by law or court order.
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Section 9. This act shall take effect July 1, 2026.