HB 79 — HIV Prevention

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 A bill to be entitled An act relating to HIV prevention;

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 Justice Act." Section 2.

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 (b) Mouth and a penis, a vulva, or an anus.

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 treatment regimen prescribed by his or her health care provider or with the behavioral recommendations of his or her health care provider or public health officials to limit the risk of transmission, or if he or she offers to comply with such behavioral recommendations, but such offer is rejected by the other person with whom he or she is engaging in sexual conduct.

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 384.24(1) commits a misdemeanor of the first degree, punishable as provided in s.

Any person who commits a second or subsequent violation of s.

384.24 commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(6) Any person who obtains information that identifies an individual who has a sexually transmissible disease, who knew or should have known the nature of the information and maliciously, Page 5 of 22 CODING:

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 (6) Any person who obtains information that identifies an individual who has a sexually transmissible disease, who knew or should have known the nature of the information and maliciously, or for monetary gain, disseminates this information or otherwise makes this information known to any other person, except by providing it either to a physician or nurse employed by the Department of Health or to a law enforcement agency, commits a misdemeanor felony of the first third degree, punishable as provided in s.

(e)Page Sections6 784.021,of 784.07(2)(c),22 andCODING: 784.08(2)(b), relating to aggravated assault;

(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), Page 6 of 22 CODING:

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to battery;aggravated assault;

(f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery;

381.004, unless the offender has undergone HIVPage testing7 voluntarilyof or22 pursuantCODING: to procedures established in s.

381.004(2)(h)6.

or s.

951.27, or any other applicable law or rule providing for HIV testing of criminal offenders or inmates, Page 7 of 22 CODING:

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 subsequentHIV totesting hervoluntarily or hispursuant arrestto forprocedures anestablished offense enumerated in paragraphss. (a)-(m) (a)-(n) for which she or he was convicted or to which she or he pled nolo contendere or guilty.

381.004(2)(h)6.

or s.

951.27, or any other applicable law or rule providing for HIV testing of criminal offenders or inmates, subsequent to her or his arrest for an offense enumerated in paragraphs (a)-(m) (a)-(n) for which she or he was convicted or to which she or he pled nolo contendere or guilty.

(3) An offender who has undergone HIV testing pursuant to subsection (1), and to whom positive test results have been disclosed pursuant to subsection (2), who commits a second or subsequent offense enumerated in paragraphs (1)(a)-(m) (1)(a)- (n), commits criminal transmission of HIV, a misdemeanor felony of the first third degree, punishable as provided in s.

775.082775.082, or, s.

A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime enumerated in paragraphs (1)(a)-(m) (1)(a)-(1)(a)-(n). (n).

offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (e) LEVEL 5 Florida Felony Statute Degree Description Page 8 of 22 CODING:

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 Florida Felony Statute Degree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop;

illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or Page 9 of 22 CODING:

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 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;

440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 440.105(5)440.10(1)(g) 2nd UnlawfulFailure solicitationto forobtain the purpose of making workers' compensation claims.coverage.

440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.

790.163(1) 2nd False report of bomb, Page 11 of 22 CODING:

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.

806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or Page 12 of 22 CODING:

hb0079-00hb0079-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 79 2019 dispense fire bomb with intent to damage any structure or property.

property value $20,000 or more but less than $100,000.Page 13 of 22 CODING:

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