Florida HB 1223: Sexually Transmissible Diseases

Bill Text

HB 1223 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1223-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to sexually transmissible diseases; 2
providing a short title; amending s. 381.0041, F.S.; 3
reducing the degree of criminal penalty for certain 4
persons who are infected with human immunodeficiency 5
virus (HIV) and who donate blood, plasma, organs, 6
skin, or other human tissue for use in another person; 7
providing an exception; amending s. 384.23, F.S.; 8
defining the terms "sexual conduct" and "substantial 9
risk of transmission"; amending s. 384.24, F.S.; 10
revising prohibitions relating to the intentional 11
transmission of certain diseases through sexual 12
conduct; providing exceptions; defining the term 13
"behavioral recommendations"; providing that a 14
person's failure to comply with behavioral 15
recommendations does not de facto establish intent to 16
transmit a disease; amending s. 384.34, F.S.; revising 17
penalties to conform to changes made by the act; 18
amending s. 775.0877, F.S.; revising requirements for 19
HIV testing in cases involving criminal transmission 20
of HIV; conforming provisions to changes made by the 21
act; amending s. 921.0022, F.S.; conforming a 22
provision to changes made by the act; amending s. 23
960.003, F.S.; conforming cross-references; providing 24
an effective date. 25

HB 1223 2026

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hb1223-00
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. This act may be cited as the "HIV Prevention 29
Justice Act." 30
Section 2. Paragraph (b) of subsection (11) of section 31
381.0041, Florida Statutes, is amended to read: 32
381.0041 Donation and transfer of human tissue; testing 33
requirements.— 34
(11) 35
(b) Except when the donation is deemed medically 36
appropriate by a licensed physician, any person who has human 37
immunodeficiency virus infection, who knows he or she is 38
infected with human immunodeficiency virus, and who has been 39
informed that he or she may communicate this disease by donating 40
blood, plasma, organs, skin, or other human tissue who donates 41
blood, plasma, organs, skin, or other human tissue for use in 42
another person commits a misdemeanor of the first degree is 43
guilty of a felony of the third degree, punishable as provided 44
in s. 775.082 or, s. 775.083, or s. 775.084. 45
Section 3. Section 384.23, Florida Statutes, is amended to 46
read: 47
384.23 Definitions.—As used in this chapter, the term: 48
(1)(2) "County health department" means agencies and 49
entities as designated in chapter 154. 50

HB 1223 2026

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(2)(1) "Department" means the Department of Health. 51
(3) "Sexual conduct" means conduct between persons, 52
regardless of gender, which is capable of transmitting a 53
sexually transmissible disease, including, but not limited to, 54
contact between a: 55
(a) Penis and a vulva or an anus; or 56
(b) Mouth and a penis, a vulva, or an anus. 57
(4) "Sexually transmissible disease" means a bacterial, 58
viral, fungal, or parasitic disease determined by rule of the 59
department to be sexually transmissible, to be a threat to the 60
public health and welfare, and to be a disease for which a 61
legitimate public interest will be served by providing for 62
prevention, elimination, control, and treatment. The department 63
must, by rule, determine which diseases are to be designated as 64
sexually transmissible diseases and shall consider the 65
recommendations and classifications of the Centers for Disease 66
Control and Prevention and other nationally recognized medical 67
authorities in that determination. Not all diseases that are 68
sexually transmissible need be designated for the purposes of 69
this act. 70
(5) "Substantial risk of transmission" means a reasonable 71
probability of disease transmission as proven by competent 72
medical evidence. 73
Section 4. Section 384.24, Florida Statutes, is amended to 74
read: 75

HB 1223 2026

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384.24 Unlawful acts.— 76
(1) It is unlawful for any person who has chancroid, 77
gonorrhea, granuloma inguinale, lymphogranuloma venereum, 78
genital herpes simplex, chlamydia, nongonococcal urethritis 79
(NGU), pelvic inflammatory disease (PID)/acute salpingitis, or 80
syphilis, or human immunodeficiency virus, when such person 81
knows he or she is infected with one or more of these diseases 82
and when such person has been informed that he or she may 83
communicate this disease to another person through sexual 84
conduct in