ABOVE: Fla. Rep. Nick Duran speaks before the Criminal Justice Subcommittee on HB 79. Photo courtesy MyFloridaHouse.gov
Tallahassee, Fla. | The Florida House’s Criminal Justice Subcommittee voted 10-3 to advance House Bill (HB) 79, also known as the Florida HIV Modernization Bill, on Feb. 22.
The bill, sponsored by Rep. Nick Duran (D-Miami), would modify Florida’s existing HIV criminalization statutes which states that if a person knowingly transmits HIV or engages in intimate contact with another person knowing their HIV status is positive it is a third-degree felony with up to five years in prison.
“HB 79 seeks to modernize Florida’s HIV specific criminal laws to bring them in align with current medical science and understanding of HIV,” said Duran during the hearing.
The bill will change nondisclosure of HIV to a first-degree misdemeanor, which is the same degree for other sexually transmitted diseases if a person acts with intent to transmit.
“Once you get educated you know how it is to live with this disease, the stigma that we have that people are afraid to say anything about their HIV status because they get looked at wrong and beat up. I’ve been through that,” said Brenda Dye, who has been living with HIV for 32 years.
Dye, a member with the Florida HIV Justice Coalition, provided public testimony at the hearing in support of the bill.
Dr. Paul Arons, who served as Medical Director for the Florida Department of Health Bureau of HIV/AIDS for 18 years, also provided public testimony on the advances in current HIV medications as well as the availability of PreP, or Pre-Exposure Prophylaxis.
Florida continues to have the highest rate of new HIV diagnoses in the country, according to a report from the Centers for Disease Control and Prevention.
Similar legislation, Senate Bill (SB) 846, has been filed by Sen. Jason Pizzo (D-Miami) in the Florida Senate but has not received a hearing as of yet.
You can watch the Florida House’s Criminal Justice Subcommittee with Rep. Duran by going here. Rep. Duran starts speaking in the video at 22:00.
