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Florida


For information on getting involved in HIV criminalization reform advocacy in Florida, please email info@seroproject.com.


Data from the GNP+ Global Criminalisation Scan

Number of prosecutions239
Applicable laws

Fla. Stat. Ann. § 384.24(2)

It is unlawful for any person who has HIV, with knowledge of such infection and having been informed that he or she may communicate it to others through sexual intercourse, to have sexual intercourse with any other person, unless the other person has been informed of the presence of HIV and has consented to the sexual intercourse.

Fla. Stat. Ann.§384.34(5)

Any person who violates the provisions of s. 384.24(2) commits a felony of the third degree, punishable as provided in ss. 775.082, 775.083, 775.084, and 775.0877(7). Any person who commits multiple violations of the provisions of s. 384.24(2) commits a felony of the first degree, punishable as provided in ss. 775.082, 775.083, 775.084, and 775.0877(7).

Fla. Stat. Ann. § 381.0041(11)(b)

Any person who knows he or she has HIV and has been informed that by donating blood, organs or human tissues he or she may communicate HIV to another person and with this knowledge donates blood, organs, plasma, skin or human tissue is guilty of a felony of the third degree.

Fla. Stat. Ann. § 796.08(4)

A person who commits prostitution, offers to commit prostitution or (by engaging in sexual activity likely to transmit HIV) procures another for prostitution, and who had previously tested positive for HIV and knew or had been informed of the test result and of the possibility of transmission to others through sexual activity commits criminal transmission of HIV.

Fla. Stat. Ann. § 775.0877

A person who pleads guilty or nolo contendere to, or is convicted of, committing or attempting to commit one of the crimes that is listed in subsection (1) of this statute and involves the transmission of bodily fluids from one person to another, who subsequently tested positive for HIV and was informed of that test result, and who then again commits one of the crimes listed in subsection (1) is guilty of criminal transmission of HIV, a felony of the third degree. The offenses listed in subsection (1) include, among others, sexual assault, incest, child abuse, indecent assault upon a minor child, sexual performance by a minor, and donation of contaminated blood.

Fla. Stat. Ann. § 775.082

Penalties: third-degree felony : Conviction of a felony of the third degree can result in a sentence of imprisonment not exceeding five years.

Penalties: second-degree felony : Conviction of a felony of the second degree can result in a sentence of imprisonment not exceeding 15 years.

Penalties: first-degree felony : Conviction of a felony of the first degree can result in a sentence of imprisonment not exceeding 30 years.

Fla. Stat. Ann. § 775.083

Fines: A person convicted of an offense other than capital felony may be sentenced to pay a fine, in addition to any punishment described in s. 775.082; Fines for designated crimes and for noncriminal violations shall not exceed $5,000 when the conviction of a felony is for the third degree.

Discussion

Florida appears to have used its HIV-specific criminal statutes against people living with HIV more often than any other US state.  According to information collected by SERO, charges have been laid 239 times (Source: Florida Department of Law Enforcement) under multiple statutes.

Between August 2008 and February 2012, 14 cases were reported in the media, including arrests and prosecutions related to sex following alleged non-disclosure; sex work whilst HIV-positive; biting whilst HIV-positive; spitting whilst HIV-positive; and vertical transmision.

Given that there are an estimated 125,000 people living with (diagnosed and undiagnosed) HIV in Florida, prosecutions per capita of PLHIV are an estimated 1.91 per 1000.

Further reading

Positive Justice Project. Ending & Defending Against HIV Criminalization, A  Manual For Advocates: Vol 1 States and Federal Laws and Prosecutions. Center for HIV Law and Policy, New York. Fall 2010 (with additional laws and cases through December 2011).

Recent cases can be found at: Positive Justice Project. Prosecutions and Arrests for HIV Exposure in the United States, 2008–2012. Center for HIV Law and Policy, 2012.


Florida court to decide if HIV non-disclosure law applies to sex between men Man charged with spreading HIV wants case dropped December 9, 2013
See more at : http://www.hivjustice.net/storify/us-florida-court-to-decide-if-hiv-non-disclosure-applies-to-sex-be...

 

 

USA Alleged exposure Appeal Gay men Prosecutions Appeal court decisions US: Florida court rules ‘sexual intercourse’ can apply to gay men, HIV non-disclosure charges reinstated against Olympic equestrian Appeals court reinstates HIV–related charge against equestrian star, Darren Chiacchia June 1, 2013

See more at: http://www.hivjustice.net/storify/us-florida-court-rules-sexual-intercourse-can-apply-to-gay-men-hiv...

Latest cases and news can be found at: http://www.hivjustice.net/country/us/fl-florida/