The HIV Prevention Justice Act seeks to amend Florida statutes concerning the criminal penalties for individuals infected with HIV who donate biological materials such as blood, plasma, and organs. The bill reduces the penalty for knowingly donating these materials from a third-degree felony to a first-degree misdemeanor, contingent upon medical appropriateness as determined by a licensed physician. It also introduces definitions for terms like "sexual conduct" and "substantial risk of transmission," and clarifies that non-compliance with healthcare recommendations does not imply intent to transmit a disease. Additionally, the bill revises unlawful acts related to the intentional transmission of sexually transmissible diseases, including HIV, and provides exceptions for those adhering to treatment regimens.

Moreover, the bill updates the procedures for testing individuals charged with offenses involving the transmission of body fluids, specifically modifying the list of offenses and mandating that testing be ordered within 48 hours upon request from the victim or their guardian. The results of these tests must be disclosed within two weeks to the relevant parties while ensuring confidentiality. The bill emphasizes the requirement for testing by replacing "shall" with "must" in several instances and specifies that test results are confidential and exempt from public disclosure unless legally authorized. The act is scheduled to take effect on July 1, 2026.

Statutes affected:
S 764 Filed: 381.0041, 384.24, 921.0022