(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) Any person who maliciously disseminates any false information or report concerning the existence of any sexually transmissible disease commits a felony of the third degree, punishable as provided in ss. 775.082, 775.083, and 775.084.
(4) Any person who violates the provisions of the department’s rules pertaining to sexually transmissible diseases may be punished by a fine not to exceed $500 for each violation. Any penalties enforced under this subsection shall be in addition to other penalties provided by this chapter. The department may enforce this section and adopt rules necessary to administer this section.
(5) Any person who violates s. 384.24(2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who commits multiple violations of s. 384.24(2) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Any person who obtains information that identifies an individual who has a sexually transmissible disease, who knew or should have known the nature of the information and maliciously, or for monetary gain, disseminates this information or otherwise makes this information known to any other person, except by providing it either to a physician or nurse employed by the Department of Health or to a law enforcement agency, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Cited 8 times | Published | Florida 2nd District Court of Appeal | 1991 WL 35029
...We affirm the trial court's order with respect to all of the counts alleged, except the negligence count. Gabriel contends that this court should find that a cause of action sounding in tort is cognizable in Florida based on the transmission of genital herpes simplex, because section 384.34, Florida Statutes (1989), which makes it a first-degree misdemeanor to transmit a sexually transmissible disease, is a statute designed to protect a particular class of persons and violation of that statute therefore constitutes negligence per se. DeJesus v. Seaboard Coast Line Railroad, 281 So.2d 198 (Fla. 1973). We agree such a negligence cause of action is cognizable in Florida, but we disagree that the violation of section 384.34 constitutes negligence per se....
...om their inability to protect themselves constitute negligence per se. DeJesus, 281 So.2d at 201. Violations of all other statutes, i.e., statutes designed to protect the public in general, are only considered prima facie evidence of negligence. Id. Section 384.34(1) provides that violation of section 384.24 constitutes a first-degree misdemeanor....
Cited 5 times | Published | Florida 3rd District Court of Appeal | 2006 WL 1627451
...Firestone, 500 So.2d 740, 741-42 (Fla. 4th DCA 1987) (noting that § 496, Fla. Stat. (1985) was "designed to protect a charitably minded public from being improperly solicited, abused and even defrauded."); Gabriel v. Tripp, 576 So.2d 404 (Fla. 2d DCA 1991) (holding that § 384.34, Fla....
Cited 1 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 322, 2017 Fla. LEXIS 583
...male’s vagina,
and encompasses the oral and anal sexual activity” in which Debaun engaged with
the victim. Id. at 1095. The court reversed the order dismissing the charge against
Debaun and certified conflict with L.A.P. Id.
1. See § 384.34(5), Fla....
...At the same time, the legislature amended the penalties for violating section 384.24, upping the uniformed, unconsented transmission of HIV to a third degree felony and leaving the penalty for said transmission of the other diseases as a first degree misdemeanor. See Ch. 97-37, § 2, at 222, Laws of Fla; § 384.34(1), (5) Fla....
