Florida Senate - 2026 SB 764
By Senator Jones
34-00235-26 2026764__
1 A bill to be entitled
2 An act relating to the HIV Prevention Justice Act;
3 providing a short title; amending s. 381.0041, F.S.;
4 reducing the degree of criminal penalty for certain
5 persons who are infected with human immunodeficiency
6 virus (HIV) and who donate blood, plasma, organs,
7 skin, or other human tissue for use in another person;
8 providing an exception; reordering and amending s.
9 384.23, F.S.; defining the terms “sexual conduct” and
10 “substantial risk of transmission”; amending s.
11 384.24, F.S.; revising prohibitions relating to the
12 intentional transmission of certain diseases through
13 sexual conduct; providing exceptions; defining the
14 term “behavioral recommendations”; providing that a
15 person’s failure to comply with behavioral
16 recommendations is not sufficient to establish intent
17 to transmit a disease; amending s. 384.34, F.S.;
18 revising penalties to conform to changes made by the
19 act; amending s. 775.0877, F.S.; revising requirements
20 for HIV testing in cases involving criminal
21 transmission of HIV; conforming provisions to changes
22 made by the act; amending s. 921.0022, F.S.;
23 conforming a provision to changes made by the act;
24 amending s. 960.003, F.S.; conforming cross
25 references; making technical changes; providing an
26 effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. This act may be cited as the “HIV Prevention
31 Justice Act.”
32 Section 2. Paragraph (b) of subsection (11) of section
33 381.0041, Florida Statutes, is amended to read:
34 381.0041 Donation and transfer of human tissue; testing
35 requirements.—
36 (11)
37 (b) Except when the donation is deemed medically
38 appropriate by a licensed physician, any person who has human
39 immunodeficiency virus infection, who knows he or she is
40 infected with human immunodeficiency virus, and who has been
41 informed that he or she may communicate this disease by donating
42 blood, plasma, organs, skin, or other human tissue who donates
43 blood, plasma, organs, skin, or other human tissue for use in
44 another person commits a misdemeanor of the first is guilty of a
45 felony of the third degree, punishable as provided in s. 775.082
46 or, s. 775.083, or s. 775.084.
47 Section 3. Section 384.23, Florida Statutes, is reordered
48 and amended to read:
49 384.23 Definitions.—As used in this chapter, the term:
50 (2)(1) “Department” means the Department of Health.
51 (1)(2) “County health department” means agencies and
52 entities as designated in chapter 154.
53 (3) “Sexual conduct” means conduct between persons,
54 regardless of gender, which is capable of transmitting a
55 sexually transmissible disease, including, but not limited to,
56 contact between a:
57 (a) Penis and a vulva or an anus; or
58 (b) Mouth and a penis, a vulva, or an anus.
59 (4) “Sexually transmissible disease” means a bacterial,
60 viral, fungal, or parasitic disease determined by rule of the
61 department to be sexually transmissible, to be a threat to the
62 public health and welfare, and to be a disease for which a
63 legitimate public interest will be served by providing for
64 prevention, elimination, control, and treatment. The department
65 must, by rule, determine which diseases are to be designated as
66 sexually transmissible diseases and shall consider the
67 recommendations and classifications of the Centers for Disease
68 Control and Prevention and other nationally recognized medical
69 authorities in that determination. Not all diseases that are
70 sexually transmissible need be designated for the purposes of
71 this act.
72 (5) “Substantial risk of transmission” means a reasonable
73 probability of disease transmission as proven by competent
74 medical evidence.
75 Section 4. Section 384.24, Florida Statutes, is amended to
76 read:
77 384.24 Unlawful acts.—
78 (1) It is unlawful for any person who has chancroid,
79 gonorrhea, granuloma inguinale, lymphogranuloma venereum,
80 genital herpes simplex, chlamydia, nongonococcal urethritis
81 (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or
82 syphilis, or human immunodeficiency virus, when such person
83 knows he or she is infected with one or more of these diseases
84 and when such person has been informed that he or she may
85 communicate this disease to another person through sexual
86 conduct intercourse, to act with the intent to transmit the
87 disease, to engage in have sexual conduct that poses a
88 substantial risk of transmission to another person when the
89 intercourse with any other person is unaware that the person is
90 a carrier of the disease, and to transmit the disease to the,
91 unless such other person has been informed of the presence of
92 the sexually transmissible disease and has consented to the
93 sexual intercourse.
94 (2) A person does not act with the intent required under
95 subsection (1) if he or she in good faith complies with a
96 treatment regimen prescribed by his or her health care provider
97 or with the behavioral recommendations of his or her health care
98 provider or public health officials to limit the risk of
99 transmission or if he or she offers to comply with such
100 behavioral recommendations but such offer is rejected by the
101 other person with whom he or she is engaging in sexual conduct.
102 For purposes of this subsection, the term “behavioral
103 recommendations” includes, but is not limited to, the use of a
104 prophylactic device to limit the risk of transmission of the
105 disease. Evidence of the person’s failure to comply with such a
106 treatment regimen or such behavioral recommendations is not, in
107 and of itself, sufficient to establish that he or she acted with
108 the intent required under subsection (1) It is unlawful for any
109 person who has human immunodeficiency virus infection, when such
110 person knows he or she is infected with this disease and when
111 such person has been informed that he or she may communicate
112 this disease to another person through sexual intercourse, to
113 have sexual intercourse with any other person, unless such other
114 person has been informed of the presence of the sexually
115 transmissible disease and has consented to the sexual
116 intercourse.
117 Section 5. Subsections (1), (2), (4), (5), and (6) of
118 section 384.34, Florida Statutes, are amended to read:
119 384.34 Penalties.—
120 (1) Any person who violates s. 384.24 the provisions of s.
121 384.24(1) commits a misdemeanor of the first degree, punishable
122 as provided in s. 775.082 or s. 775.083.
123 (2) Any person who violates the provisions of s. 384.26 or
124 s. 384.29 commits a misdemeanor of the first degree, punishable
125 as provided in s. 775.082 or s. 775.083.
126 (4) Any person who violates the provisions of the
127 department’s rules pertaining to sexually transmissible diseases
128 may be punished by a fine not to exceed $500 for each violation.
129 Any penalties enforced under this subsection shall be in
130 addition to other penalties provided by this chapter. The
131 department may enforce this section and adopt rules necessary to
132 administer this section.
133 (5) Any person who violates s. 384.24(2) commits a felony
134 of the third degree, punishable as provided in s. 775.082, s.
135 775.083, or s. 775.084. Any person who commits multiple
136 violations of s. 384.24(2) commits a felony of the first degree,
137 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
138 (6) Any person who obtains information that identifies an
139 individual who has a sexually transmissible disease, who knew or
140 should have known the nature of the information, and who
141 maliciously, or for monetary gain, disseminates this information
142 or otherwise makes this information known to any other person,
143 except by providing it either to a physician or nurse employed
144 by the Department of Health or to a law enforcement agency,
145 commits a felony of the third degree, punishable as provided in
146 s. 775.082, s. 775.083, or s. 775.084.
147 Section 6. Subsections (1), (3), and (6) of section
148 775.0877, Florida Statutes, are amended to read:
149 775.0877 Criminal transmission of HIV; procedures;
150 penalties.—
151 (1) In any case in which a person has been convicted of or
152 has pled nolo contendere or guilty to, regardless of whether
153 adjudication is withheld, any of the following offenses, or the
154 attempt thereof, which offense or attempted offense involves the
155 transmission of body fluids, with the exception of saliva, from
156 one person to another:
157 (a) Section 794.011, relating to sexual battery;
158 (b) Section 826.04, relating to incest;
159 (c) Section 800.04, relating to lewd or lascivious offenses
160 committed upon or in the presence of persons less than 16 years
161 of age;
162 (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
163 relating to assault;
164 (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
165 relating to aggravated assault;
166 (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
167 relating to battery;
168 (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
169 relating to aggravated battery;
170 (h) Section 827.03(2)(c), relating to child abuse;
171 (i) Section 827.03(2)(a), relating to aggravated child
172 abuse;
173 (j) Section 825.102(1), relating to abuse of an elderly
174 person or disabled adult;
175 (k) Section 825.102(2), relating to aggravated abuse of an
176 elderly person or disabled adult;
177 (l) Section 827.071, relating to sexual performance by
178 person less than 18 years of age;
179 (m) Sections 796.07 and 796.08, relating to prostitution;
180 (n) Section 381.0041(11)(b), relating to donation of blood,
181 plasma, organs, skin, or other human tissue; or
182 (n)(o) Section 787.06(3)(b), (d), (f), and (g) and (5),
183 relating to human trafficking,
184
185 the court shall order the offender to undergo HIV testing, to be
186 performed under the direction of the Department of Health in
187 accordance with s. 381.004, unless the offender has undergone
188 HIV testing voluntarily or pursuant to procedures established in
189 s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or
190 rule providing for HIV testing of criminal offenders or inmates,
191 subsequent to her or his arrest for an offense enumerated in
192 paragraphs (a)-(m) (a)-(n) for which she or he was convicted or
193 to which she or he pled nolo contendere or guilty. The results
194 of an HIV test performed on an offender pursuant to this
195 subsection are not admissible in any criminal proceeding arising
196 out of the alleged offense.
197 (3) An offender who has undergone HIV testing pursuant to
198 subsection (1), and to whom positive test results have been
199 disclosed pursuant to subsection (2), who commits a second or
200 subsequent offense enumerated in paragraphs (1)(a)-(m) (1)(a)
201 (n), commits criminal transmission of HIV, a misdemeanor of the
202 first felony of the third degree, punishable as provided in s.
203 775.082 or, s. 775.083, or s. 775.084. A person may be convicted
204 and sentenced separately for a violation of this subsection and
205 for the underlying crime enumerated in paragraphs (1)(a)-(m)
206 (1)(a)-(n).
207 (6) For an alleged violation of any offense enumerated in
208 paragraphs (1)(a)-(m) (1)(a)-(n) for which the consent of the
209 victim may be raised as a defense in a criminal prosecution, it
210 is an affirmative defense to a charge of violating this section
211 that the person exposed knew that the offender was infected with
212 HIV, knew that the action being taken could result in
213 transmission of the HIV infection, and consented to the action
214 voluntarily with that knowledge.
215 Section 7. Paragraph (e) of subsection (3) of section
216 921.0022, Florida Statutes, is amended to read:
217 921.0022 Criminal Punishment Code; offense severity ranking
218 chart.—
219 (3) OFFENSE SEVERITY RANKING CHART
220 (e) LEVEL 5
221
222 FloridaStatute FelonyDegree Description
223 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
224 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
225 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
226 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
227 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
228 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
229 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
230 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
231 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
232 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
233 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
234 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
235 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
236 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
237 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
238 790.01(3) 3rd Unlawful carrying of a concealed firearm.
239 790.162 2nd Threat to throw or discharge destructive device.
240 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
241 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
242 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
243 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
244 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
245 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
246 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
247 810.145(4) 3rd Commercial digital voyeurism dissemination.
248 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
249 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
250 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
251 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
252 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
253 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
254 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
255 812.019(1) 2nd Stolen property; dealing in or trafficking in.
256 812.081(3) 2nd Trafficking in trade secrets.
257 812.131(2)(b) 3rd Robbery by sudden snatching.
258 812.16(2) 3rd Owning, operating, or conducting a chop shop.
259 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
260 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
261 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
262 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
263 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
264 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
265 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
266 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
267 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
268 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
269 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
270 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
271 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
272 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
273 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
274 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
275 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
276 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
277 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
278 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
279 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
280 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
281 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
282 Section 8. Paragraphs (a) and (b) of subsection (2) and
283 paragraph (a) of subsection (3) of section 960.003, Florida
284 Statutes, are amended to read:
285 960.003 Hepatitis and HIV testing for persons charged with
286 or alleged by petition for delinquency to have committed certain
287 offenses; disclosure of results to victims.—
288 (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION
289 FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.—
290 (a) In any case in which a person has been charged by
291 information or indictment with or alleged by petition for
292 delinquency to have committed any offense enumerated in s.
293 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n), which involves the
294 transmission of body fluids from one person to another, upon
295 request of the victim or the victim’s legal guardian, or of the
296 parent or legal guardian of the victim if the victim is a minor,
297 the court shall order such person to undergo hepatitis and HIV
298 testing within 48 hours after the information, indictment, or
299 petition for delinquency is filed. In the event the victim or,
300 if the victim is a minor, the victim’s parent or legal guardian
301 requests hepatitis and HIV testing after 48 hours have elapsed
302 from the filing of the indictment, information, or petition for
303 delinquency, the testing must shall be done within 48 hours
304 after the request.
305 (b) However, when a victim of any sexual offense enumerated
306 in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)-(n) is under the age
307 of 18 at the time the offense was committed or when a victim of
308 any sexual offense enumerated in s. 775.0877(1)(a)-(m) s.
309 775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly
310 person as defined in s. 825.1025 regardless of whether the
311 offense involves the transmission of bodily fluids from one
312 person to another, then upon the request of the victim or the
313 victim’s legal guardian, or of the parent or legal guardian, the
314 court shall order such person to undergo hepatitis and HIV
315 testing within 48 hours after the information, indictment, or
316 petition for delinquency is filed. In the event the victim or,
317 if the victim is a minor, the victim’s parent or legal guardian
318 requests hepatitis and HIV testing after 48 hours have elapsed
319 from the filing of the indictment, information, or petition for
320 delinquency, the testing must shall be done within 48 hours
321 after the request. The testing must shall be performed under the
322 direction of the Department of Health in accordance with s.
323 381.004. The results of a hepatitis and HIV test performed on a
324 defendant or juvenile offender pursuant to this subsection are
325 not shall not be admissible in any criminal or juvenile
326 proceeding arising out of the alleged offense.
327 (3) DISCLOSURE OF RESULTS.—
328 (a) The results of the test must shall be disclosed no
329 later than 2 weeks after the court receives such results, under
330 the direction of the Department of Health, to the person charged
331 with or alleged by petition for delinquency to have committed or
332 to the person convicted of or adjudicated delinquent for any
333 offense enumerated in s. 775.0877(1)(a)-(m) s. 775.0877(1)(a)
334 (n), which involves the transmission of body fluids from one
335 person to another, and, upon request, to the victim or the
336 victim’s legal guardian, or the parent or legal guardian of the
337 victim if the victim is a minor, and to public health agencies
338 pursuant to s. 775.0877. If the alleged offender is a juvenile,
339 the test results must shall also be disclosed to the parent or
340 guardian. When the victim is a victim as described in paragraph
341 (2)(b), the test results must also be disclosed no later than 2
342 weeks after the court receives such results, to the person
343 charged with or alleged by petition for delinquency to have
344 committed or to the person convicted of or adjudicated
345 delinquent for any offense enumerated in s. 775.0877(1)(a)-(m)
346 s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
347 offense involves the transmission of bodily fluids from one
348 person to another, and, upon request, to the victim or the
349 victim’s legal guardian, or the parent or legal guardian of the
350 victim, and to public health agencies pursuant to s. 775.0877.
351 Otherwise, hepatitis and HIV test results obtained pursuant to
352 this section are confidential and exempt from the provisions of
353 s. 119.07(1) and s. 24(a), Art. I of the State Constitution and
354 shall not be disclosed to any other person except as expressly
355 authorized by law or court order.
356 Section 9. This act shall take effect July 1, 2026.