Florida SB 764: Dental Student Loan Repayment Program

Bill Text

764 
HIV Prevention Justice Act 
2025-12-04T11:30:39Z 
Citing this act as the “HIV Prevention Justice Act”; reducing the degree of criminal penalty for certain persons who are infected with human immunodeficiency virus (HIV) and who donate blood, plasma, organs, skin, or other human tissue for use in another person; revising prohibitions relating to the intentional transmission of certain diseases through sexual conduct; revising requirements for HIV testing in cases involving criminal transmission of HIV, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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 v