Fla. Stat. § 384.21
Short title
This chapter may be cited as the “Control of Sexually Transmissible Disease Act.”
Florida Statutes Chapter 384 — SEXUALLY TRANSMISSIBLE DISEASES
Florida · statute · Fla. Stat. ch. 384 · 22 active provisions
Provisions
Fla. Stat. § 384.22
Findings; intent
The Legislature finds and declares that sexually transmissible diseases constitute a serious and sometimes fatal threat to the public and individual health and welfare of the people of the state and to visitors to the state. The Legislature finds that the incidence of sexually transmissible diseases is rising at an ala…
Fla. Stat. § 384.23
Definitions
(1) “Department” means the Department of Health.(2) “County health department” means agencies and entities as designated in chapter 154.(3) “Sexually transmissible disease” means a bacterial, viral, fungal, or parasitic disease determined by rule of the department to be sexually transmissible, to be a threat to the pub…
Fla. Stat. § 384.24
Unlawful acts
(1) It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis, when such person knows he or she is infected with one or more of these disea…
Fla. Stat. § 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)…
Fla. Stat. § 384.26
Contact investigation
(1) The department and its authorized representatives may interview, or cause to be interviewed, all persons infected or suspected of being infected with a sexually transmissible disease for the purpose of investigating the source and spread of the disease and for the purpose of ordering a person to submit to examinati…
Fla. Stat. § 384.27
Physical examination and treatment
(1) Subject to the provisions of subsections (3) and (4), the department and its authorized representatives may examine or cause to be examined persons suspected of being infected with or exposed to a sexually transmissible disease.(2) Subject to the provisions of subsections (3) and (4), persons with a sexually transm…
Fla. Stat. § 384.28
Hospitalization, placement, and residential isolation
(1) Subject to the provisions of subsections (2) and (3), the department may petition the circuit court to order a person to be isolated, hospitalized, placed in another health care or residential facility, or isolated from the general public in his or her own or another’s residence, or a place to be made off limits to…
Fla. Stat. § 384.281
Prehearing detention
(1) The department may file a petition before a circuit court requesting that a prehearing detention order be placed on a person when the department provides evidence that:(a) The person is infected with a sexually transmitted disease;(b) The person is engaging in behaviors which create an immediate and substantial thr…
Fla. Stat. § 384.282
Naming of parties
(1) When requesting an order from a circuit court under the provisions of s. 384.27, s. 384.28, or s. 384.281, the department shall substitute a pseudonym for the true name of the person to whom the order pertains. The actual name of the person shall be revealed to the court only in camera, and the court shall seal suc…
Fla. Stat. § 384.283
Service of notice and processes; sheriff to deliver person to state program
(1) All notices required to be given, all petitions and warrants, and all processes issued and all orders entered pursuant to ss. 384.27, 384.28, and 384.281 shall be served by the sheriff of the county in which the person alleged to be infected with a sexually transmissible disease resides or is found.(2) The judge, i…
Fla. Stat. § 384.284
Forms to be developed
The department shall develop and furnish to the circuit court all forms necessary under ss. 384.27, 384.28, and 384.281, and the court may use such forms as it determines appropriate.
Fla. Stat. § 384.285
Right of appeal; immediate release
(1) Any person who is aggrieved by the entry of an order under s. 384.27, s. 384.28, or s. 384.281 shall have the period of time provided by the Rules of Appellate Procedure within which to appeal said order. Every order entered under the terms of ss. 384.27, 384.28, and 384.281 shall be executed immediately unless the…
Fla. Stat. § 384.286
Temporary leave
Persons who have been hospitalized, placed in another health care or residential facility, or isolated in their residences may be granted a short-term temporary leave at the discretion of the department or its authorized representatives provided the department determines that the emergency leave will be closely monitor…
Fla. Stat. § 384.287
Screening for sexually transmissible disease
(1) An officer as defined in s. 943.10(14); support personnel as defined in s. 943.10(11) who are employed by the Department of Law Enforcement, including, but not limited to, any crime scene analyst, forensic technologist, or crime lab analyst; firefighter as defined in s. 633.102; or ambulance driver, paramedic, or e…
Fla. Stat. § 384.288
Fees and other compensation; payment by board of county commissioners
(1) For the services required to be performed under the provisions of ss. 384.27, 384.28, and 384.281, compensation shall be paid as follows:(a) The sheriff shall receive the same fees and mileage as are prescribed for like services in criminal cases.(b) The counsel appointed by the court to represent an indigent perso…
Fla. Stat. § 384.29
Confidentiality
(1) All information and records held by the department or its authorized representatives relating to known or suspected cases of sexually transmissible diseases are strictly confidential and exempt from the provisions of s. 119.07(1). Such information shall not be released or made public by the department or its author…
Fla. Stat. § 384.30
Minors’ consent to treatment
(1) The department and its authorized representatives, each physician licensed to practice medicine under the provisions of chapter 458 or chapter 459, each health care professional licensed under the provisions of part I of chapter 464 who is acting pursuant to the scope of his or her license, and each public or priva…
Fla. Stat. § 384.31
Testing of pregnant women; duty of the attendant
Every person, including every physician licensed under chapter 458 or chapter 459 or midwife licensed under part I of chapter 464 or chapter 467, attending a pregnant woman for conditions relating to pregnancy during the period of gestation and delivery shall cause the woman to be tested for sexually transmissible dise…
Fla. Stat. § 384.32
Prisoners
(1) The department and its authorized representatives may, at its discretion, enter any state, county, or municipal detention facility to interview, examine, and treat any prisoner for a sexually transmissible disease. Any such state, county, or municipal detention facility shall cooperate with the department and its a…
Fla. Stat. § 384.33
Rules
The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. The rules may include requirements for methods of contacting a physician to determine the need for followup services related to sexually transmissible diseases; standards for screening, treating, and perfor…
Fla. Stat. § 384.34
Penalties
(1) Any person who violates the provisions of s. 384.24(1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(2) Any person who violates the provisions of s. 384.26 or s. 384.29 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(3)…