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.