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2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.325 - Inspection Reports.

383.325 Inspection reports.—
(1) Each licensed facility shall maintain as public information, available upon request, records of all inspection reports pertaining to that facility which have been filed with, or issued by, any governmental agency. Copies of such reports shall be retained in the records of the facility for no less than 5 years from the date the reports are filed and issued.
(2) Any record, report, or document which, by state or federal law or regulation, is deemed confidential shall be exempt from the provisions of s. 119.07(1) and shall not be distributed or made available for purposes of compliance with this section unless or until such confidential status expires, except as described in s. 383.32(2)(c).
(3) A licensed facility shall, upon the request of any person who has completed a written application with intent to be admitted to such facility or any person who is a patient of such facility, or any relative, spouse, or guardian of any such person, furnish to the requester a copy of the last inspection report issued by the agency or an accrediting organization, whichever is most recent, pertaining to the licensed facility, as provided in subsection (1), provided the person requesting such report agrees to pay a reasonable charge to cover copying costs.
History.—ss. 25, 27, ch. 84-283; s. 34, ch. 87-225; s. 1, ch. 90-5; s. 4, ch. 91-429; s. 196, ch. 96-406; s. 17, ch. 98-171.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.327 - Birth and Death Records; Reports.

383.327 Birth and death records; reports.—
(1) A completed certificate of birth shall be filed with the local registrar within 5 days of each birth in accordance with chapter 382.
(2) Each maternal death, newborn death, and stillbirth shall be reported immediately to the medical examiner and the agency.
(3) The licensee shall comply with all requirements of this chapter and rules promulgated hereunder.
(4) A report shall be submitted to the agency. The contents of the report and the frequency at which it is submitted shall be prescribed by rule of the agency.
History.—ss. 20, 27, ch. 84-283; s. 30, ch. 87-387; s. 4, ch. 91-429; s. 18, ch. 98-171; s. 2, ch. 2020-156.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.33 - Administrative Penalties; Moratorium on Admissions.

383.33 Administrative penalties; moratorium on admissions.—
(1) In addition to the requirements of part II of chapter 408, the agency may impose an administrative fine not to exceed $500 per violation per day for the violation of any provision of ss. 383.30-383.332, part II of chapter 408, or applicable rules.
(2) In determining the amount of the fine to be levied for a violation, as provided in this section, the following factors shall be considered:
(a) The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted; the severity of the actual or potential harm; and the extent to which ss. 383.30-383.332, part II of chapter 408, or applicable rules were violated.
(b) Actions taken by the licensee to correct the violations or to remedy complaints.
(c) Any previous violations by the licensee.
(3) In accordance with part II of chapter 408, the agency may impose an immediate moratorium on elective admissions to any licensed facility, building or portion thereof, or service when the agency determines that any condition in the facility presents a threat to the public health or safety.
History.—ss. 26, 27, ch. 84-283; s. 4, ch. 91-429; s. 19, ch. 98-171; s. 9, ch. 2007-230; s. 18, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.332 - Establishing, Managing, or Operating a Birth Center Without a License; Penalty.

383.332 Establishing, managing, or operating a birth center without a license; penalty.—Any person who establishes, conducts, manages, or operates any birth center facility without a license issued under s. 383.305 and part II of chapter 408 commits a misdemeanor and, upon conviction, shall be fined not more than $100 for the first offense and not more than $500 for each subsequent offense; and each day of continuing violation after conviction shall be considered a separate offense.
History.—ss. 26, 27, ch. 84-283; s. 4, ch. 91-429; s. 11, ch. 2007-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.3361 - Limitations on Civil and Administrative Liability.

383.3361 Limitations on civil and administrative liability.—Nothing in this act shall serve as the basis for any civil or administrative action, nor as evidence of a standard of care or compliance with a standard of care in any civil or administrative action.
History.—s. 2, ch. 91-126.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.33625 - Stephanie Saboor Grieving Parents Act; Disposition of Fetus; Notification; Forms Developed.

383.33625 Stephanie Saboor Grieving Parents Act; disposition of fetus; notification; forms developed.—
(1) This section shall be known by the popular name the “Stephanie Saboor Grieving Parents Act.”
(2) A health care practitioner licensed pursuant to chapter 458, chapter 459, chapter 464, or chapter 467 having custody of fetal remains following a spontaneous fetal demise occurring after a gestation period of less than 20 completed weeks must notify the mother of her option to arrange for the burial or cremation of the fetal remains, as well as the procedures provided by general law. Notification may also include other options such as, but not limited to, a ceremony, a certificate, or common burial of the fetal remains.
(3) The Department of Health shall adopt rules to develop forms to be used for notifications and elections by the health care practitioner, and the health care practitioner shall provide the forms to the mother.
(4) A facility licensed pursuant to chapter 383 or chapter 395 having custody of fetal remains following a spontaneous fetal demise occurring after a gestation period of less than 20 completed weeks must notify the mother of her option to arrange for the burial or cremation of the fetal remains, as well as the procedures provided by general law. Notification may also include other options such as, but not limited to, a ceremony, a certificate, or common burial of the fetal remains.
(5) If the mother chooses the option of using the procedures provided by general law, the facility or health care practitioner in custody of fetal remains shall follow the procedures set forth in general law.
(6) The Agency for Health Care Administration shall adopt rules to develop forms to be used for notifications and elections by the facility, and the hospital shall provide the forms to the mother.
History.—s. 1, ch. 2003-52.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 383 - Maternal and Infant Health Care › 383.51 - Confidentiality; Identification of Parent Leaving Newborn Infant at Hospital, Emergency Medical Services Station, or Fire Station.

383.51 Confidentiality; identification of parent leaving newborn infant at hospital, emergency medical services station, or fire station.—The identity of a parent who leaves a newborn infant at a hospital, emergency medical services station, or fire station in accordance with s. 383.50 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The identity of a parent leaving a child shall be disclosed to a person claiming to be a parent of the newborn infant.
History.—s. 1, ch. 2000-213; s. 1, ch. 2002-30; s. 1, ch. 2007-104.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.22 - Findings; Intent.

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 alarming rate and that these diseases result in significant social, health, and economic costs, including infant and maternal mortality, temporary and lifelong disability, and premature death. The Legislature finds that sexually transmissible diseases, by their nature, involve sensitive issues of privacy, and it is the intent of the Legislature that all programs designed to deal with these diseases afford patients privacy, confidentiality, and dignity. The Legislature finds that medical knowledge and information about sexually transmissible diseases are rapidly changing. The Legislature intends to provide a program that is sufficiently flexible to meet emerging needs, deals efficiently and effectively with reducing the incidence of sexually transmissible diseases, and provides patients with a secure knowledge that information they provide will remain private and confidential.
History.—s. 90, ch. 86-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.23 - Definitions.

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 public health and welfare, and to be a disease for which a legitimate public interest will be served by providing for prevention, elimination, control, and treatment. The department must, by rule, determine which diseases are to be designated as sexually transmissible diseases and shall consider the recommendations and classifications of the Centers for Disease Control and Prevention and other nationally recognized medical authorities in that determination. Not all diseases that are sexually transmissible need be designated for the purposes of this act.
History.—s. 90, ch. 86-220; s. 26, ch. 88-380; s. 66, ch. 97-101; s. 7, ch. 2016-230.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.24 - Unlawful Acts.

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.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.25 - Reporting Required.

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) shall report such facts as may be required by the department by rule, within a time period as specified by rule of the department, but in no case to exceed 2 weeks.
(2) The department shall adopt rules specifying the information required and the maximum time period for reporting a sexually transmissible disease. In adopting such rules, the department shall consider the need for information, protections for the privacy and confidentiality of the patient, and the practical ability of persons and laboratories to report in a reasonable fashion.
(3) To ensure the confidentiality of persons infected with the human immunodeficiency virus (HIV), reporting of HIV infection and AIDS must be conducted using a system developed by the Centers for Disease Control and Prevention of the United States Public Health Service or an equivalent system.
(a) The department shall adopt rules requiring each physician and laboratory to report any newborn or infant up to 18 months of age who has been exposed to HIV. Such rules may include the method and time period for reporting, which may not exceed 2 weeks, information to be included in the report, enforcement requirements, and followup activities by the department.
(b) The reporting may not affect or relate to anonymous HIV testing programs conducted pursuant to s. 381.004(3).
(c) After notification of the test subject, the department may, with the consent of the test subject, notify school superintendents of students and school personnel whose HIV tests are positive.
(4) Each person who violates the provisions of this section or the rules adopted hereunder may be fined by the department up to $500 for each offense. The department shall report each violation of this section to the regulatory agency responsible for licensing each health care professional and each laboratory to which these provisions apply.
History.—s. 90, ch. 86-220; s. 28, ch. 88-380; s. 8, ch. 89-350; s. 1, ch. 93-264; s. 675, ch. 95-148; s. 2, ch. 96-179; s. 5, ch. 96-221; s. 189, ch. 97-101; s. 3, ch. 98-171; s. 2, ch. 2005-169; s. 119, ch. 2012-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.26 - Contact Investigation.

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 examination and treatment as necessary.
(2) All information gathered in the course of contact investigation shall be confidential and exempt from the provisions of s. 119.07(1), and subject to the provisions of s. 384.29.
(3) No person who is infected with a sexually transmissible disease, or suspected of an infection, who reveals the name or names of sexual contacts during the course of an investigation shall be held liable in a civil action for such revelation, unless the revelation is made falsely or with reckless disregard for the truth.
History.—s. 90, ch. 86-220; s. 5, ch. 90-344; s. 12, ch. 93-227; s. 197, ch. 96-406.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.282 - Naming of Parties.

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 such name from further revelation.
(2) All court decisions, orders, petitions, and other formal documents shall be styled in a manner to protect the name of the party from public revelation.
(3) The department and its authorized representatives, the court, and other parties to the lawsuit shall not reveal the name of any person subject to these proceedings except as permitted in s. 384.29. Except as provided in this section, the name of any person subject to these proceedings is confidential and exempt from the provisions of s. 119.07(1).
History.—s. 32, ch. 88-380; s. 6, ch. 90-344; s. 12, ch. 93-227; s. 198, ch. 96-406.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.283 - Service of Notice and Processes; Sheriff to Deliver Person to State Program.

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, in his or her order for hospitalization or placement in another health care or residential facility under s. 384.28, shall direct the sheriff of the county in which such person resides or is found to take the person into his or her custody and immediately deliver the person to the director of the facility named in the order.
History.—s. 33, ch. 88-380; s. 679, ch. 95-148.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.284 - Forms to Be Developed.

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.
History.—s. 34, ch. 88-380.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.285 - Right of Appeal; Immediate Release.

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 court entering such order or the appellate court, in its discretion, enters a supersedeas order and fixes the terms and conditions thereof.
(2) Any person who is examined, treated, hospitalized, placed in another health care or residential facility, isolated in his or her residence, or placed in emergency hold as a result of an order entered under s. 384.27, s. 384.28, or s. 384.281 may at any time petition the circuit court for immediate release and termination of the order.
(3) Any person petitioning a court for immediate release and termination of the order entered under authority of s. 384.27, s. 384.28, or s. 384.281 must show that the original order was issued by mistake or fraud, or:
(a) That there has been a substantial change in the original facts and circumstances upon which the order was issued; or
(b) That he or she no longer poses an immediate and substantial threat to the health and welfare of the public.
(4) When considering a petition for immediate release, and prior to making any release, the court shall consult the department and the patient’s physician, if any, concerning the patient’s medical condition and any other related factors that may affect the present and future danger to the public that may be caused by the patient’s release.
(5) When granting a petition for immediate release, the court may impose those conditions it believes reasonably necessary to protect the public from infection with a sexually transmissible disease.
History.—s. 35, ch. 88-380; s. 680, ch. 95-148.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.286 - Temporary Leave.

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 monitored and will not endanger the public health. Temporary leave may be granted for therapeutic purposes, in the event of death or critical illness in the person’s family, or for another emergency.
History.—s. 36, ch. 88-380.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.287 - Screening for Sexually Transmissible Disease.

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 emergency medical technician as defined in s. 401.23, acting within the scope of employment, who comes into contact with a person in such a way that significant exposure, as defined in s. 381.004, has occurred may request that the person be screened for a sexually transmissible disease that can be transmitted through a significant exposure.
(2) If the person will not voluntarily submit to screening, the officer, support personnel of the Department of Law Enforcement, firefighter, ambulance driver, paramedic, or emergency medical technician, or the employer of any of the employees described in subsection (1) acting on behalf of the employee, may seek a court order directing that the person who is the source of the significant exposure submit to screening. A sworn statement by a physician licensed under chapter 458 or chapter 459 that a significant exposure has occurred and that, in the physician’s medical judgment, the screening is medically necessary to determine the course of treatment for the employee, constitutes probable cause for the issuance of the order by the court.
(3) In order to use the provisions of this section, the employee subjected to the significant exposure must also be screened for the same sexually transmissible diseases.
(4) All screenings must be conducted by the department or the department’s authorized representative or by medical personnel at a facility designated by the court. The cost of screening shall be borne by the employer.
(5) Results of the screening are exempt from the requirements of s. 384.29 solely for the purpose of releasing the results to the person who is the source of the significant exposure, to the person subjected to the significant exposure, to the physicians of the persons screened, and to the employer, if necessary for filing a worker’s compensation claim or any other disability claim based on the significant exposure.
(6) A person who receives the results of a test pursuant to this section, which results disclose human immunodeficiency virus infection and are otherwise confidential pursuant to law, shall maintain the confidentiality of the information received and the identity of the person tested as required by s. 381.004. Violation of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 94-205; s. 1, ch. 98-251; s. 133, ch. 2013-183.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.288 - Fees and Other Compensation; Payment by Board of County Commissioners.

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 person shall receive compensation as provided in s. 27.5304.
(2) All court-related fees, mileage, and charges provided to the sheriff pursuant to paragraph (1)(a) shall be taxed by the court as costs in each proceeding and shall be paid by the board of county commissioners. All compensation provided to court-appointed counsel pursuant to paragraph (1)(b) shall be taxed by the court as costs and paid by the state.
History.—s. 37, ch. 88-380; s. 681, ch. 95-148; s. 68, ch. 2004-265.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.29 - Confidentiality.

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 authorized representatives, or by a court or parties to a lawsuit upon revelation by subpoena, except under the following circumstances:
(a) When made with the consent of all persons to which the information applies;
(b) When made for statistical purposes, and medical or epidemiologic information is summarized so that no person can be identified and no names are revealed;
(c) When made to medical personnel, appropriate state agencies, public health agencies, or courts of appropriate jurisdiction, to enforce the provisions of this chapter or s. 775.0877 and related rules;
(d) When made in a medical emergency, but only to the extent necessary to protect the health or life of a named party, or an injured officer, firefighter, paramedic, or emergency medical technician; or
(e) When made to the proper authorities as required by chapter 39 or chapter 415.
(2) When disclosure is made pursuant to a subpoena, the court shall seal such information from further disclosure, except as deemed necessary by the court to reach a decision, unless otherwise agreed to by all parties. Except as provided in this section, such information that is disclosed pursuant to a subpoena is confidential and exempt from the provisions of s. 119.07(1).
(3) No employee of the department or its authorized representatives shall be examined in a civil, criminal, special, or other proceeding as to the existence or contents of pertinent records of a person examined or treated for a sexually transmissible disease by the department or its authorized representatives, or of the existence or contents of such reports received from a private physician or private health facility, without the consent of the person examined and treated for such diseases, except in proceedings under ss. 384.27 and 384.28 or involving offenders pursuant to s. 775.0877.
History.—s. 90, ch. 86-220; s. 5, ch. 90-292; s. 7, ch. 90-344; s. 11, ch. 93-227; s. 17, ch. 96-322; s. 199, ch. 96-406; s. 138, ch. 98-403; s. 24, ch. 2001-62.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.30 - Minors’ Consent to Treatment.

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 private hospital, clinic, or other health facility may examine and provide treatment for sexually transmissible diseases to any minor, if the physician, health care professional, or facility is qualified to provide such treatment. The consent of the parents or guardians of a minor is not a prerequisite for an examination or treatment.
(2) The fact of consultation, examination, and treatment of a minor for a sexually transmissible disease is confidential and exempt from the provisions of s. 119.07(1) and shall not be divulged in any direct or indirect manner, such as sending a bill for services rendered to a parent or guardian, except as provided in s. 384.29.
History.—s. 90, ch. 86-220; s. 8, ch. 90-344; s. 12, ch. 93-227; s. 682, ch. 95-148; s. 200, ch. 96-406; s. 90, ch. 2000-318.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.31 - Testing of Pregnant Women; Duty of the Attendant.

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 diseases, including HIV, as specified by department rule. Testing shall be performed by a laboratory appropriately certified by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder for such purposes. The woman shall be informed of the tests that will be conducted and of her right to refuse testing. If a woman objects to testing, a written statement of objection, signed by the woman, shall be placed in the woman’s medical record and no testing shall occur.
History.—s. 90, ch. 86-220; s. 3, ch. 96-179; s. 91, ch. 2000-318; s. 3, ch. 2005-169; s. 20, ch. 2018-24.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.32 - Prisoners.

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 authorized representatives to provide such space as is necessary for the examination and treatment of all prisoners suffering from or suspected of having a sexually transmissible disease.
(2) Nothing in this section shall be construed as relieving the Department of Corrections, counties, or municipalities of their primary responsibility for providing medical treatment for prisoners, including treatment for sexually transmissible diseases.
History.—s. 90, ch. 86-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.33 - Rules.

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 performing contact investigations to control the spread of sexually transmitted diseases; and requirements for maintaining the security of confidential information.
History.—s. 90, ch. 86-220; s. 17, ch. 98-151; s. 95, ch. 98-200; s. 21, ch. 2000-242.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 384 - Sexually Transmissible Diseases › 384.34 - Penalties.

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) 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.
History.—s. 90, ch. 86-220; s. 38, ch. 88-380; s. 63, ch. 91-224; s. 4, ch. 96-179; s. 2, ch. 97-37; s. 18, ch. 98-151; s. 21, ch. 98-191; s. 1, ch. 2010-64; s. 3, ch. 2010-113.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 385 - Chronic Diseases › 385.102 - Legislative Intent.

385.102 Legislative intent.—It is the finding of the Legislature that:
(1) Chronic diseases exist in high proportions among the people of this state. These chronic diseases include, but are not limited to, heart disease, hypertension, diabetes, renal disease, cancer, and chronic obstructive lung disease. These diseases are often interrelated, and they directly and indirectly account for a high rate of death and illness.
(2) Advances in medical knowledge and technology have assisted in the prevention of chronic diseases. Comprehensive approaches stressing application of current treatment, continuing research, professional training, and patient education should be encouraged.
(3) A comprehensive program dealing with the early detection and prevention of chronic diseases is required to make knowledge and therapy available to all people of this state. The mobilization of scientific, medical, and educational resources under one comprehensive chronic disease act will facilitate the prevention and treatment of these diseases and their symptoms and result in a decline in death and illness among the people of this state.
History.—s. 93, ch. 86-220.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 385 - Chronic Diseases › 385.204 - Insulin; Purchase, Distribution; Penalty for Fraudulent Application for and Obtaining of Insulin.

385.204 Insulin; purchase, distribution; penalty for fraudulent application for and obtaining of insulin.—
(1) The Department of Health shall purchase and distribute insulin through its agents or other appropriate agent of the state or Federal Government in any county or municipality in the state to any bona fide resident of this state suffering from diabetes or a kindred disease requiring insulin in its treatment who makes application for insulin and furnishes proof of his or her financial inability to purchase in accordance with the rules promulgated by the department concerning the distribution of insulin.
(2) Any person who makes fraudulent application for and obtains insulin under the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 29834, 1955; ss. 19, 35, ch. 69-106; s. 330, ch. 71-136; s. 79, ch. 77-147; s. 98, ch. 86-220; s. 55, ch. 91-221; s. 685, ch. 95-148; s. 70, ch. 97-101.
Note.—Former ss. 381.341, 381.411(4).
2023 Florida Statutes › Title XXIX - Public Health › Chapter 385 - Chronic Diseases › 385.211 - Refractory and Intractable Epilepsy Treatment and Research at Recognized Medical Centers.

385.211 Refractory and intractable epilepsy treatment and research at recognized medical centers.—
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(1) As used in this section, the term “low-THC cannabis” means “low-THC cannabis” as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in former s. 381.986, Florida Statutes 2016, or a medical marijuana treatment center as defined in s. 381.986.
(2) Notwithstanding chapter 893, medical centers recognized pursuant to s. 381.925, or an academic medical research institution legally affiliated with a licensed children’s specialty hospital as defined in s. 395.002(28) that contracts with the Department of Health, may conduct research on cannabidiol and low-THC cannabis. This research may include, but is not limited to, the agricultural development, production, clinical research, and use of liquid medical derivatives of cannabidiol and low-THC cannabis for the treatment for refractory or intractable epilepsy. The authority for recognized medical centers to conduct this research is derived from 21 C.F.R. parts 312 and 316. Current state or privately obtained research funds may be used to support the activities described in this section.
History.—s. 3, ch. 2014-157; s. 1, ch. 2016-212; ss. 1, 8, ch. 2017-232; s. 21, ch. 2018-24; s. 5, ch. 2021-112.
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Note.—Section 1, ch. 2017-232, provides that “[i]t is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment.” If such amendment or adoption takes place, subsection (1), as amended by s. 1, ch. 2017-232, will read:
(1) As used in this section, the term “low-THC cannabis” means “low-THC cannabis” as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in s. 381.986.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 385 - Chronic Diseases › 385.212 - Powers and Duties of the Department of Health; Office of Medical Marijuana Use.

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385.212 Powers and duties of the Department of Health; Office of Medical Marijuana Use.—
(1) The Department of Health shall establish an Office of Medical Marijuana Use under the direction of the Deputy State Health Officer.
(2) The Office of Medical Marijuana Use may enhance access to investigational new drugs for Florida patients through approved clinical treatment plans or studies. The Office of Medical Marijuana Use may:
(a) Create a network of state universities and medical centers recognized pursuant to s. 381.925.
(b) Make any necessary application to the United States Food and Drug Administration or a pharmaceutical manufacturer to facilitate enhanced access to medical use of marijuana for Florida patients.
(c) Enter into any agreements necessary to facilitate enhanced access to medical use of marijuana for Florida patients.
(3) The department may adopt rules necessary to implement this section.
(4) The Office of Medical Marijuana Use shall administer and enforce s. 381.986.
History.—s. 4, ch. 2014-157; ss. 1, 16, ch. 2017-232.
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Note.—Section 1, ch. 2017-232, provides that “[i]t is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment.” If such amendment or adoption takes place, s. 385.212, as amended by s. 1, ch. 2017-232, will read:
385.212 Powers and duties of the Department of Health; Office of Compassionate Use.—
(1) The Department of Health shall establish an Office of Compassionate Use under the direction of the Deputy State Health Officer.
(2) The Office of Compassionate Use may enhance access to investigational new drugs for Florida patients through approved clinical treatment plans or studies. The Office of Compassionate Use may:
(a) Create a network of state universities and medical centers recognized pursuant to s. 381.925.
(b) Make any necessary application to the United States Food and Drug Administration or a pharmaceutical manufacturer to facilitate enhanced access to compassionate use for Florida patients.
(c) Enter into any agreements necessary to facilitate enhanced access to compassionate use for Florida patients.
(3) The department may adopt rules necessary to implement this section.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part I - Sanitary Nuisances (Ss. 386.01-386.051) › 386.01 - Sanitary nuisance.

386.01 Sanitary nuisance.—A sanitary nuisance is the commission of any act, by an individual, municipality, organization, or corporation, or the keeping, maintaining, propagation, existence, or permission of anything, by an individual, municipality, organization, or corporation, by which the health or life of an individual, or the health or lives of individuals, may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused.
History.—s. 1, ch. 4346, 1895; GS 1153; RGS 2157; CGL 3386.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part I - Sanitary Nuisances (Ss. 386.01-386.051) › 386.02 - Duty of Department of Health.

386.02 Duty of Department of Health.—The Department of Health, upon request of the proper authorities, or of any three responsible resident citizens, or whenever it may seem necessary to the department, shall investigate the sanitary condition of any city, town, or place in the state; and if, upon examination, the department shall ascertain the existence of any sanitary nuisance as herein defined, it shall serve notice upon the proper party or parties to remove or abate the said nuisance or, if necessary, proceed to remove or abate the said nuisance in the manner provided in s. 823.01.
History.—s. 11, ch. 4346, 1895; GS 1154; RGS 2158; CGL 3387; ss. 19, 35, ch. 69-106; s. 148, ch. 77-147; s. 75, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part I - Sanitary Nuisances (Ss. 386.01-386.051) › 386.03 - Notice to remove nuisances; authority of Department of Health and local health authorities.

386.03 Notice to remove nuisances; authority of Department of Health and local health authorities.—
(1) The Department of Health, upon determining the existence of anything or things herein declared to be nuisances by law, shall notify the person or persons committing, creating, keeping, or maintaining the same, to remove or cause to be removed, the same within 24 hours, or such other reasonable time as may be determined by the department, after such notice be duly given.
(2) If the sanitary nuisance condition is not removed by such person or persons within the time prescribed in said notice, the department, its agents or deputies or local health authorities, may within the county where the nuisance exists, remove, cause to remove, or prevent the continuing sanitary nuisance condition in the following manner:
(a) Undertake required correctional procedures, including the removal of same if necessary; the cost or expense of such removal or correctional procedures shall be paid by the person or persons committing, creating, keeping, or maintaining such nuisances; and if the said cost and expense thus accruing shall not be paid within 10 days after such removal, the same shall be collected from the person or persons committing, creating, keeping, or maintaining such nuisances, by suit at law; but this paragraph shall not authorize the department to alter, change, demolish, or remove any machinery, equipment, or facility designed or used for the processing or disposing of liquid or smoke effluent of a manufacturing plant.
(b) Institute criminal proceedings in the county court in the jurisdiction of which the condition exists against all persons failing to comply with notices to correct sanitary nuisance conditions as provided in this chapter.
(c) Institute legal proceedings authorized by the department as set forth in s. 381.0012.
(d) Institute administrative proceedings authorized by the department as set forth in s. 381.0061.
History.—s. 12, ch. 4346, 1895; GS 1155; RGS 2159; CGL 3388; s. 1, ch. 63-64; ss. 19, 35, ch. 69-106; s. 1, ch. 77-119; s. 149, ch. 77-147; s. 5, ch. 80-351; s. 53, ch. 91-297; s. 76, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part I - Sanitary Nuisances (Ss. 386.01-386.051) › 386.041 - Nuisances injurious to health.

386.041 Nuisances injurious to health.—
(1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health:
(a) Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human or animal life and air pollutants, gases, and noisome odors which are harmful to human or animal life.
(b) Improperly built or maintained septic tanks, water closets, or privies.
(c) The keeping of diseased animals dangerous to human health.
(d) Unclean or filthy places where animals are slaughtered.
(e) The creation, maintenance, or causing of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to humans.
(f) Any other condition determined to be a sanitary nuisance as defined in s. 386.01.
(2) The Department of Health, its agents and deputies, or local health authorities are authorized to investigate any condition or alleged nuisance in any city, town, or place within the state, and if such condition is determined to constitute a sanitary nuisance, they may take such action to abate the said nuisance condition in accordance with the provisions of this chapter.
History.—s. 2, ch. 63-64; ss. 19, 35, ch. 69-106; s. 150, ch. 77-147; s. 77, ch. 97-101.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part I - Sanitary Nuisances (Ss. 386.01-386.051) › 386.051 - Nuisances injurious to health, penalty.

386.051 Nuisances injurious to health, penalty.—Any person found guilty of creating, keeping, or maintaining a nuisance injurious to health shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 63-64; s. 337, ch. 71-136.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part II - Smoking and Vaping (Ss. 386.201-386.2125) › 386.201 - Short title.

386.201 Short title.—This part may be cited as the “Florida Clean Air Act.”
History.—s. 1, ch. 85-257; s. 1, ch. 92-185; s. 1, ch. 2003-398; s. 2, ch. 2022-213.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part II - Smoking and Vaping (Ss. 386.201-386.2125) › 386.202 - Legislative intent.

386.202 Legislative intent.—The purpose of this part is to protect people from the health hazards of secondhand tobacco smoke and vapor and to implement the Florida health initiative in s. 20, Art. X of the State Constitution. It is the intent of the Legislature to not inhibit, or otherwise obstruct, medical or scientific research, or smoking or vaping cessation programs approved by the Department of Health.
History.—s. 2, ch. 85-257; s. 2, ch. 92-185; s. 2, ch. 2003-398; s. 2, ch. 2019-14.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 386 - Sanitary Nuisances; Florida Clean Air Act › Part II - Smoking and Vaping (Ss. 386.201-386.2125) › 386.204 - Prohibition.

386.204 Prohibition.—A person may not smoke or vape in an enclosed indoor workplace, except as otherwise provided in s. 386.2045.
History.—s. 4, ch. 85-257; s. 4, ch. 92-185; s. 4, ch. 2003-398; s. 4, ch. 2019-14.