Florida Statutes

Fla. Stat. § 796.08 (2025)

Screening for HIV and sexually transmissible diseases; providing penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 796.08

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§796.08(4)CRIMES AGAINST PERSONPOSITIVE STD NOT HIV COMMIT OR PROCURE PROSTM · 1st

§796.08(4)CRIMES AGAINST PERSONREPEALED 2014-160F · 3rd

§796.08(5)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 8503F · 3rd

§796.08(5)CRIMES AGAINST PERSONREPEALED 2014-160F · 2nd

§796.08CRIMES AGAINST PERSONREMOVEDF · 3rd

§796.08(5a)CRIMES AGAINST PERSONCOMMIT OFFER PROSTITUTION TRANSMISSION OF HIVF · 3rd

§796.08(5b)CRIMES AGAINST PERSONPROCURE ANTHR PROSTIT TRNSMIT HIV THRU SEX ACTF · 3rd

Notes of Decisions

Cited in 4 cases, 1992–2011 · leading case: People v. Adams, 597 N.E.2d 574 (Ill. 1992).

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People v. Adams, 597 N.E.2d 574 (Ill. 1992). “We note, too, that a number of other States have enacted similar laws imposing mandatory testing on persons convicted of certain offenses involving sexual misconduct.”

L.A.P. v. State, 62 So. 3d 693 (Fla. 2d DCA 2011). · cites it 2× “, § 796.08(4), Fla. Stat. (2008); § 827.071(l)(g).”

McCann v. State, 711 So. 2d 1290 (Fla. 4th DCA 1998). · cites it 4× “Of the several issues raised on appeal, we discuss two: the sufficiency of the evidence concerning appellant’s identity as the perpetrator, and the constitutionality of section 796.08, Florida Statutes, (1993).”

LAP v. State, 62 So. 3d 693 (Fla. 2d DCA 2011). · cites it 2× “, Concur. NOTES [1] Section 384.24(2) provides: It is unlawful for any person who has human immunodeficiency virus infection, when such person knows he or she is infected with this disease and when such person has been informed that he or she may communicate this disease to…”

— 796.08(4) — 2 cases

L.A.P. v. State, 62 So. 3d 693 (Fla. 2d DCA 2011). “, § 796.08(4), Fla. Stat. (2008); § 827.071(l)(g).”

LAP v. State, 62 So. 3d 693 (Fla. 2d DCA 2011). “, Concur. NOTES [1] Section 384.24(2) provides: It is unlawful for any person who has human immunodeficiency virus infection, when such person knows he or she is infected with this disease and when such person has been informed that he or she may communicate this disease to…”

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