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Florida Statute 796.08 | Lawyer Caselaw & Research
F.S. 796.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 796.08

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 796
PROSTITUTION
View Entire Chapter
F.S. 796.08
796.08 Screening for HIV and sexually transmissible diseases; providing penalties.
(1)(a) For the purposes of this section, “sexually transmissible disease” means a bacterial, viral, fungal, or parasitic disease, determined by rule of the Department of Health to be sexually transmissible, a threat to the public health and welfare, and a disease for which a legitimate public interest is served by providing for regulation and treatment.
(b) In considering which diseases are designated as sexually transmissible diseases, the Department of Health shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, syphilis, and human immunodeficiency virus infection for designation and shall consider the recommendations and classifications of the Centers for Disease Control and Prevention and other nationally recognized authorities. Not all diseases that are sexually transmissible need be designated for purposes of this section.
(2) A person arrested under s. 796.07 may request screening for a sexually transmissible disease under direction of the Department of Health and, if infected, shall submit to appropriate treatment and counseling. A person who requests screening for a sexually transmissible disease under this subsection must pay any costs associated with such screening.
(3) A person convicted under s. 796.07 of prostitution or procuring another to commit prostitution must undergo screening for a sexually transmissible disease, including, but not limited to, screening to detect exposure to the human immunodeficiency virus, under direction of the Department of Health. If the person is infected, he or she must submit to treatment and counseling prior to release from probation, community control, or incarceration. Notwithstanding the provisions of s. 384.29, the results of tests conducted pursuant to this subsection shall be made available by the Department of Health to the offender, medical personnel, appropriate state agencies, state attorneys, and courts of appropriate jurisdiction in need of such information in order to enforce the provisions of this chapter.
(4) A person who commits prostitution or procures another for prostitution and who, prior to the commission of such crime, had tested positive for a sexually transmissible disease other than human immunodeficiency virus infection and knew or had been informed that he or she had tested positive for such sexually transmissible disease and could possibly communicate such disease to another person through sexual activity commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.
(5) A person who:
(a) Commits or offers to commit prostitution; or
(b) Procures another for prostitution by engaging in sexual activity in a manner likely to transmit the human immunodeficiency virus,

and who, prior to the commission of such crime, had tested positive for human immunodeficiency virus and knew or had been informed that he or she had tested positive for human immunodeficiency virus and could possibly communicate such disease to another person through sexual activity commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.

History.s. 2, ch. 86-143; s. 44, ch. 88-380; s. 6, ch. 90-292; s. 67, ch. 91-110; s. 258, ch. 91-224; s. 7, ch. 93-227; s. 7, ch. 94-90; s. 2, ch. 94-205; s. 7, ch. 96-409; s. 3, ch. 97-37; s. 35, ch. 97-93; s. 296, ch. 99-8; s. 3, ch. 2010-64; s. 5, ch. 2010-113; s. 33, ch. 2016-24.

F.S. 796.08 on Google Scholar

F.S. 796.08 on Casetext

Amendments to 796.08


Arrestable Offenses / Crimes under Fla. Stat. 796.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

S796.08 - CRIMES AGAINST PERSON - REMOVED - F: T
S796.08 4 - CRIMES AGAINST PERSON - POSITIVE STD NOT HIV COMMIT OR PROCURE PROST - M: F
S796.08 4 - CRIMES AGAINST PERSON - REPEALED 2014-160 - F: T
S796.08 5 - CRIMES AGAINST PERSON - RENUMBERED. SEE REC # 8503 - F: T
S796.08 5 - CRIMES AGAINST PERSON - REPEALED 2014-160 - F: S
S796.08 5a - CRIMES AGAINST PERSON - COMMIT OFFER PROSTITUTION TRANSMISSION OF HIV - F: T
S796.08 5b - CRIMES AGAINST PERSON - PROCURE ANTHR PROSTIT TRNSMIT HIV THRU SEX ACT - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

GOSLING, v. STATE, 97 So. 3d 287 (Fla. Dist. Ct. App. 2012)

. . . defendant is not the victim’s parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.08 . . .

L. A. P. v. STATE, 62 So. 3d 693 (Fla. Dist. Ct. App. 2011)

. . . See, e.g., § 796.08(4), Fla. Stat. (2008); § 827.071(l)(g). . . .

McCANN, v. STATE, 711 So. 2d 1290 (Fla. Dist. Ct. App. 1998)

. . . If section 796.08, Florida Statutes (1993) applies to this case, it is because the defendant “procured . . . the evidence concerning appellant’s identity as the perpetrator, and the constitutionality of section 796.08 . . .

OCALA STAR- BANNER, v. STATE Jr., 697 So. 2d 1317 (Fla. Dist. Ct. App. 1997)

. . . party, or an injured officer, firefighter, paramedic or emergency medical technician, as provided in s. 796.08 . . .

ROE II, v. BUTTERWORTH,, 958 F. Supp. 1569 (S.D. Fla. 1997)

. . . In her Complaint, Petitioner alleges that sections 796.02 through 796.08 “to the extent they prohibit . . .

J. RUDOLPH A. v. METROPOLITAN AIRPORTS COMMISSION,, 103 F.3d 677 (8th Cir. 1996)

. . . . § 216(b)’s provision for liquidated damages, from $796.08), and nothing to Lindquist, because his overtime . . .

THOMAS McCAFFREY COMPANY v. THE UNITED STATES, 177 Ct. Cl. 387 (Ct. Cl. 1966)

. . . United restated an offer which it had previously made to buy the plant for $7,459,203.92, plus $2,540,-796.08 . . .

ULYSSES S. G. WHITE v. THE UNITED STATES, 37 Ct. Cl. 365 (Ct. Cl. 1902)

. . . Under the decision of this court the claimant was given $796.08; under that of the Supreme Court, $1.17 . . .

UNITED STATES v. GREEN, 138 U.S. 293 (U.S. 1891)

. . . his., grade of lieutenant-commander, not on that of lieutenant, and gave judgment in his favor for- $796.08 . . .

JAMES G. GREEN v. THE UNITED STATES, 25 Ct. Cl. 300 (Ct. Cl. 1890)

. . . The judgment of the court is that the claimant recover of the defendant the sum.of $796.08. . . . service were credited on his grade of lieutenant-commander he would be entitled under that act to $796.08 . . .