Florida Statute 384.25 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 384
SEXUALLY TRANSMISSIBLE DISEASES

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F.S. 384.25

384.25 Reporting required.—

(1) Each person who makes a diagnosis of or treats a person with a sexually transmissible disease and each laboratory that performs a test that concludes with a positive result for a sexually transmissible disease or a result indicative of human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS) shall report such facts as may be required by the department by rule, within a time period as specified by rule of the department, but in no case to exceed 2 weeks.

(2) The department shall adopt rules specifying the information required and the maximum time period for reporting a sexually transmissible disease. In adopting such rules, the department shall consider the need for information, protections for the privacy and confidentiality of the patient, and the practical ability of persons and laboratories to report in a reasonable fashion.

(3) To ensure the confidentiality of persons infected with the human immunodeficiency virus (HIV), reporting of HIV infection and AIDS must be conducted using a system developed by the Centers for Disease Control and Prevention of the United States Public Health Service or an equivalent system.

(a) The department shall adopt rules requiring each physician and laboratory to report any newborn or infant up to 18 months of age who has been exposed to HIV. Such rules may include the method and time period for reporting, which may not exceed 2 weeks, information to be included in the report, enforcement requirements, and followup activities by the department.

(b) The reporting may not affect or relate to anonymous HIV testing programs conducted pursuant to s. 381.004(3).

(c) After notification of the test subject, the department may, with the consent of the test subject, notify school superintendents of students and school personnel whose HIV tests are positive.

(4) Each person who violates the provisions of this section or the rules adopted hereunder may be fined by the department up to $500 for each offense. The department shall report each violation of this section to the regulatory agency responsible for licensing each health care professional and each laboratory to which these provisions apply.

History.—s. 90, ch. 86-220; s. 28, ch. 88-380; s. 8, ch. 89-350; s. 1, ch. 93-264; s. 675, ch. 95-148; s. 2, ch. 96-179; s. 5, ch. 96-221; s. 189, ch. 97-101; s. 3, ch. 98-171; s. 2, ch. 2005-169; s. 119, ch. 2012-184.

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Amendments to 384.25

Arrestable Offenses / Crimes under Fla. Stat. 384.25

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 384.25.

Annotations, Discussions, Cases:

Cases Citing Statute 384.25

Total Results: 6

State v. Debaun

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-30T00:00:00-07:00

Citation: 129 So. 3d 1089, 2013 WL 5814005, 2013 Fla. App. LEXIS 17224

Snippet: sensibilities relating to personal privacy. See § 384.25, Fla. Stat. (1986). Gender identifiers, “female

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-08-14T00:53:00-07:00

Snippet: spread of communicable diseases[.]" 7 Section 384.25, Fla. Stat. Cf., ss. 415.1034 and 415.504, Fla.

The Florida Bar v. Dale

Court: Fla. | Date Filed: 1986-10-23T00:53:00-07:00

Citation: 496 So. 2d 813

Snippet: matters. Judgment for costs in the amount of $3,384.25 is hereby entered against respondent, for which

Gleason v. Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 1965-04-27T00:53:00-07:00

Citation: 174 So. 2d 466

Snippet: East Lake Fork Special Drainage Dist., 134 Ill. 384, 25 N.E. 781, 10 L.R.A. 285; Seattle v. Hill, 14 Wash

Anderson v. City of Ocala

Court: Fla. | Date Filed: 1921-02-15T00:00:00-08:00

Citation: 83 Fla. 344, 91 So. 182

Snippet: Com’rs East Lake etc. Drainage Dist., 134 Ill. 384, 25 N. E. Rep. 781; Meier v. City of St. Louis, 180

Lybass v. Town of Fort Myers

Court: Fla. | Date Filed: 1908-06-15T00:00:00-08:00

Citation: 56 Fla. 817

Snippet: East Lake Fork Special Drainage Dist., 134 Ill. 384, 25 N. E. Rep. 781; Seattle v. Hill, 14 Wash. 487,