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Florida Statute 384.24 | Lawyer Caselaw & Research
F.S. 384.24 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 384.24

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 384
SEXUALLY TRANSMISSIBLE DISEASES
View Entire Chapter
F.S. 384.24
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 diseases and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.
(2) 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 another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse.
History.s. 90, ch. 86-220; s. 27, ch. 88-380; s. 674, ch. 95-148; s. 1, ch. 97-37.

F.S. 384.24 on Google Scholar

F.S. 384.24 on Casetext

Amendments to 384.24


Arrestable Offenses / Crimes under Fla. Stat. 384.24
Level: Degree
Misdemeanor/Felony: First/Second/Third

S384.24 1 - HEALTH-SAFETY - STD INFECTED PERS HAVE SEX W UNINFORMED PERS - M: F
S384.24 2 - CRIMES AGAINST PERSON - HIV INFECTED PERS HAVE SEX WO INFORM PARTNER - F: T
S384.24 2 - CRIMES AGAINST PERSON - HIV INFCT PER HAS SEX WO INFORM PART SUBSQ OFF - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

G. DEBAUN, v. STATE, 213 So. 3d 747 (Fla. 2017)

. . . which the Third District Court of Appeal held that the term “sexual intercourse” as used in section 384.24 . . . Because we conclude that the term “sexual intercourse” in section 384.24(2) encompasses conduct beyond . . . Debaun was subsequently charged with violating section 384.24(2), a third-degree felony. . . . Stat. (1985), with § 384.24, Fla. Stat. (1986). . . . Thus, the plain meaning of the term controls in section 384.24(2). . . .

KOHL, v. KOHL, Jr., 149 So. 3d 127 (Fla. Dist. Ct. App. 2014)

. . . of a sexually transmissible disease with prejudice for her failure to track the language of section 384.24 . . . This limitation on a common law cause of action derives from the application of section 384.24, Florida . . . However, the court disagreed that a violation of section 384.24 constitutes negligence per se, holding . . . We disagree with Gabriel ⅛ broad holding that section 384.24 exclusively controls the elements of the . . . A violation of section 384.24 is evidence of negligence, not a catalog of the (Civ.) 401.9. . . .

STATE v. G. DEBAUN,, 129 So. 3d 1089 (Fla. Dist. Ct. App. 2013)

. . . State of Florida appeals from an order interpreting the term “sexual intercourse” as used in section 384.24 . . . Debaun subsequently was charged with violating section 384.24(2), which makes it a crime for anyone who . . . Stat. (1985) with § 384.24, Fla. Stat. (1986). . . . Stat. (1986); § 384.24, Fla. Stat. (1986). . . . Stat. (1988); § 384.24, Fla. Stat (1988). . . . Legal Interpretation,, The majority argues that in 1986, when the Florida Legislature amended section 384.24 . . . ... with any male person” and vice versa, it must have “meant” to expand the application of section 384.24 . . . Gender identifiers, “female” and “male person” in section 384.24 were replaced by the gender-neutral . . . Notably, however, the phrase “sexual intercourse” remained in section 384.24 unchanged. . . . After the 1986 revisions to Chapter 384, section 384.24 read as follows: 384.24. . . .

STATE v. D. C., 114 So. 3d 440 (Fla. Dist. Ct. App. 2013)

. . . count of unlawful sexual intercourse by a person knowingly infected with HIV, as prohibited by sections 384.24 . . . motion to dismiss the information, contending that sexual intercourse, as that term is used in section 384.24 . . . The defendant was charged with violating section 384.24(2), which reads: 384.24. . . . we conclude that the plain and ordinary meaning of the term sexual intercourse, as used in section 384.24 . . . The portion of the Act at issue here, section 384.24(2), addresses the transmission of HIV through sexual . . .

B. CLARKE, v. STATE FARM FLORIDA INSURANCE, a, 123 So. 3d 583 (Fla. Dist. Ct. App. 2012)

. . . See § 384.24, Fla. Stat. (2010). Affirmed. POLEN and CONNER, JJ., concur. . . . .

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

. . . L.A.P. challenges her judgment and sentence for violating section 384.24(2), Florida Statutes (2008), . . . penetration of the vagina without informing her partner of her HIV positive status — violated section 384.24 . . . Because section 384.24(2) requires sexual intercourse, we agree with L.A.P. that the statute does not . . . The meaning of sexual intercourse within section 384.24(2) is clear and unambiguous. . . . The legislature limited the application of section 384.24(2) to specific conduct. . . .

SUMTER, v. UNITED STATES,, 61 Fed. Cl. 517 (Fed. Cl. 2004)

. . . Sumter claimed a refund of $384.24 on her 2001 tax return; however, she improperly classified herself . . .

ALLSTATE INSURANCE COMPANY, v. MYERS, D. D. Jr., 951 F. Supp. 1014 (M.D. Fla. 1996)

. . . . § 384.24 and a policy provision excluding coverage for intentional or criminal acts reasonably expected . . . The counterclaim alleges the elements set forth in Florida Statute section 384.24. . . . Fla.Stat. § 384.24. . . . Plaintiff alleges that Welsh’s actions violated Fla.Stat. § 384.24. . . . The counterclaim tracks the language of section 384.24 and alleges a criminal act on the part of Welsh . . .

L. GABRIEL, v. M. TRIPP, Jr., 576 So. 2d 404 (Fla. Dist. Ct. App. 1991)

. . . Section 384.34(1) provides that violation of section 384.24 constitutes a first-degree misdemeanor. . . . Section 384.24 makes it unlawful to knowingly transmit a sexually transmissible disease. . . . Thus, we find that if a plaintiff is able to file a complaint that tracks section 384.24, that plaintiff . . . defendant knew he or she was infected with one of the sexually transmissible diseases enumerated in section 384.24 . . . Since Gabriel’s complaint fails to set forth the allegations necessary to track section 384.24, Florida . . .

UNITED STATES, v. A. WOMACK, U. S., 29 M.J. 88 (C.M.A. 1989)

. . . accompanying ABA Policy on AIDS and the Criminal Justice System, at 9, adopted Feb. 7, 1989; Title XXIX, § 384.24 . . .