Florida Statute 796.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 796
PROSTITUTION

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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 Citing Statute 796.08

Total Results: 8

Gosling v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-12T00:00:00-07:00

Citation: 97 So. 3d 287, 2012 Fla. App. LEXIS 15317, 2012 WL 3964818

Snippet: 794.011, excluding s. 794.011(10); s. 794.05; s. 796.08; s. 796.085; s. 800.04; s. 825.1025; s. 827.071

LAP v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-10T00:53:00-07:00

Citation: 62 So. 3d 693

Snippet: statute to broaden its application. See, e.g., § 796.08(4), Fla. Stat. (2008); § 827.071(1)(g). Accordingly

L.A.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-10T00:00:00-07:00

Citation: 62 So. 3d 693, 2011 Fla. App. LEXIS 8462

Snippet: statute to broaden its application. See, e.g., § 796.08(4), Fla. Stat. (2008); § 827.071(l)(g). Accordingly

Florida Department of Children and Families v. Sun-Sentinel, Inc.

Court: Fla. | Date Filed: 2004-02-05T00:00:00-08:00

Citation: 865 So. 2d 1278

Snippet: court's jurisdiction." 507 So.2d at 796. [8] In Babcock, we approved the decision in Hubbard

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-09-20T00:53:00-07:00

Snippet: defendant be tested for HIV pursuant to section 796.08, Florida Statutes, be sealed? 2. If so, how may… status. Given the lack of direction in section 796.08, Florida Statutes, as to how such information should…s duties as custodian of such records.2 Section 796.08(3), Florida Statutes, provides: "A person …where HIV testing is ordered pursuant to section 796.08, Florida Statutes,4 informed consent must be obtained…alter its confidential status. Nothing in section 796.08, Florida Statutes, nor any other confidentiality

McCann v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-27T00:00:00-07:00

Citation: 711 So. 2d 1290, 1998 Fla. App. LEXIS 5944, 1998 WL 263975

Snippet: narrow issue of statutory construction. If section 796.08, Florida Statutes (1993) applies to this case,

Ocala Star-Banner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-08-22T00:00:00-07:00

Citation: 697 So. 2d 1317, 1997 Fla. App. LEXIS 9664, 1997 WL 476118

Snippet: emergency medical technician, as provided in s. 796.08(6); or (e)When made to the proper authorities as

Shannon v. Shannon

Court: Fla. Dist. Ct. App. | Date Filed: 1962-01-08T23:53:00-08:00

Citation: 136 So. 2d 253

Snippet: 250; Dunscombe v. Smith, 139 Fla. 497, 190 So. 796. [8] Thomas v. Cilbe, Inc., (Fla.App. 1958) 104 So