The "HIV Prevention Justice Act" seeks to amend Florida Statutes concerning sexually transmissible diseases, particularly HIV. A significant change proposed in the bill is the reduction of the criminal penalty for HIV-positive individuals who donate blood, plasma, organs, or other human tissue from a third-degree felony to a first-degree misdemeanor, provided the donation is medically appropriate as determined by a licensed physician. The bill also introduces new definitions for "sexual conduct" and "substantial risk of transmission," and clarifies that non-compliance with behavioral recommendations does not imply intent to transmit a disease. Additionally, it revises laws regarding the intentional transmission of sexually transmissible diseases, stating that individuals who adhere to treatment regimens or healthcare recommendations do not act with intent to transmit.

House Bill 1223 further amends existing laws related to testing for hepatitis and HIV for individuals charged with specific offenses involving body fluid transmission. It mandates that testing must occur within 48 hours of a request from the victim or their legal guardian and updates the list of offenses triggering this requirement. The bill also modifies the language regarding testing timing and result disclosure, emphasizing the requirement by changing "shall" to "must." Importantly, it clarifies that test results are not admissible in criminal or juvenile proceedings related to the alleged offense and must be disclosed to relevant parties, including the victim's legal guardian, within two weeks while ensuring confidentiality in other contexts. The act is set to take effect on July 1, 2026.

Statutes affected:
H 1223 Filed: 381.0041, 384.23, 384.24, 921.0022