Florida’s HIV criminalization framework reaches sexual nondisclosure, donation, sex-work-related conduct, and certain repeat offenses. Its core provisions date from the 1980s and 1990s, before today’s treatment and prevention options. Although these statutes have been amended over time, they still allow convictions without proof that HIV was transmitted.[1][2][3][4]
Williams Institute researchers identified 874 arrests involving 614 people under Florida’s HIV-related laws from 1986 through 2017. Those are historical totals, not a current count. The laws do not require actual transmission, but prosecutors must still establish the elements of the particular offense; HIV status or exposure alone is not a complete description of those elements.[6]
This page covers what the law actually says, who it's been used against, the long fight to change it, and what you can do right now to protect yourself if you're living with HIV in Florida.
This is a Florida-focused resource. CHLP’s September 2026 maps identify 32 states with exposure or transmission offenses and 40 with at least one HIV-related offense or enhancement. These overlapping categories include broader disease laws as well as HIV-specific provisions. For the national picture, see the National HIV Criminalization Overview →.[16]
The Law: What Florida's Statutes Actually Say
The four provisions below do not require actual HIV transmission or an intent to transmit. Each has other legal requirements, including knowledge and, in several provisions, prior information about transmission. Medical risk and statutory liability are different questions.[1][2][3][4]
Fla. Stat. § 384.24(2) — Non-Disclosure Before Sex[1]
If you know you have HIV, have been informed that you can transmit it through sex, and then have sexual intercourse with someone without telling them you have HIV and getting their consent, you have committed a crime.
Penalty: A violation is a third-degree felony, ordinarily punishable by up to five years in prison.[17]
Multiple violations: Section 384.34(5) makes multiple violations a first-degree felony, ordinarily punishable by up to 30 years. The text does not limit this provision to someone with a prior conviction.[17]
Section 384.24(2) contains no express exemption for condom use or viral suppression. That does not mean every possible defense or evidentiary issue is foreclosed; a qualified Florida lawyer should assess the facts.[1]
Fla. Stat. § 775.0877 — Testing and Subsequent Offenses[2]
Section 775.0877 first requires HIV testing after a qualifying conviction or plea, including an attempt, involving transfer of body fluids. A positive result must have been disclosed to the person. After those prerequisites, a subsequent offense listed in subsection (1)(a)–(n) can support a separate HIV offense. The initial testing list now extends through (o); the later-offense provision still specifies (a)–(n). A positive test alone is insufficient.[2]
Penalty: A separate third-degree felony conviction and sentence may be imposed in addition to the underlying offense; the ordinary maximum for that felony is five years.[2][17]
Important: Actual HIV transmission is not required. The informed-consent defense applies only when consent can be raised for the underlying offense, and the statute specifies what the other person must have known.[2]
Fla. Stat. § 381.0041(11)(b) — Blood and Organ Donation[3]
Section 381.0041(11)(b) makes donating blood, plasma, organs, skin, or other human tissue a third-degree felony when the donor knows they have HIV and has been informed that donation may communicate HIV. Subsection (4) separately regulates use of HIV-positive tissue for research or certain life-saving transfers. Those provisions should not be read as a blanket exemption from the donor offense. A transplant team and qualified counsel can explain how state and federal rules interact.[3]
Fla. Stat. § 796.08(5) — HIV and Sex Work[4]
Section 796.08(5) applies to someone who tested positive before the alleged conduct and knew or had been informed of the positive result and that HIV could possibly be communicated through sexual activity. It covers (a) committing or offering prostitution, or (b) procuring another for prostitution through sexual activity likely to transmit HIV. The offense is a third-degree felony. The “likely to transmit” wording appears in branch (b); branch (a) includes an offer without completed sex.[4]
Florida can impose felony liability without proof of transmission or intent to transmit. Disclosure and informed consent matter under the sexual-nondisclosure provision, while the other statutes have different elements. U=U is established science; these provisions do not expressly create a viral-suppression exemption.[1][2][3][4]
The Science the Law Ignores
HIV science has advanced substantially since these provisions were enacted. Some conduct prosecuted under HIV-related laws, such as spitting, does not transmit HIV.[13]
HIV is not transmitted through saliva or spitting.[13] Bites are different: CDC describes rare transmission involving severe injury and blood. A 2018 systematic review by Cresswell and colleagues found no spitting transmissions and nine reported bite-associated cases, of which four were judged highly plausible or confirmed. It found no cases involving emergency workers.[13]
CDC’s risk table groups biting, spitting, and throwing body fluids as negligible-risk exposures; that category should not be read as saying every severe blood-exposing bite is impossible to transmit through. U=U means that someone taking HIV treatment who achieves and maintains a viral load below 200 copies/mL does not transmit HIV through sex.[18][14][13]
Florida’s listed provisions do not expressly exempt viral suppression or condom use. A March 2020 Williams Institute review analyzed 266 case outcomes from 1986–2017. Its “convictions” category included guilty/convicted outcomes (89%), adjudication withheld, and pretrial diversion. The relevant legal provisions did not require actual transmission, intent to transmit, or conduct capable of transmission. This was an analysis of legal requirements, not a medical assessment proving that every underlying event posed zero risk.[7]
Why Florida reform must reach beyond viral load
U=U matters, but fair laws must also include people who are not virally suppressed. CHLP, SERO, and other partners warned in their 2018 joint call that making documented suppression the dividing line for reform can leave people facing unequal treatment access more vulnerable.[24]
In Florida, the Williams Institute’s study of arrests from 1986–2017 found women overrepresented among those arrested. White women had the largest arrest disparity relative to their share of people living with HIV; Black women were most likely to be convicted in HIV-related sex-work cases. Those historical findings describe enforcement; they do not establish the viral loads or treatment histories of the people arrested.[6]
Insurance interruptions, housing instability, mental health needs, and substance use can make sustained care more difficult. NIH recommends addressing barriers rather than assuming someone cannot benefit from treatment. A diagnosis or circumstance alone does not establish a person’s adherence or viral load.[26]
Use the evidence without making it the only route to justice
Florida’s sexual-nondisclosure provision, § 384.24(2), contains no express exemption for viral suppression. That does not mean a lawyer should disregard relevant medical evidence.[1] CHLP distinguishes using U=U to defend an individual from writing reforms that protect only people who can document suppression.[25]
The Positive Justice Project’s proposed approach centers proven intent, conduct, actual harm, and proportionate punishment—not an HIV diagnosis as a proxy for wrongdoing. Those principles are an advocacy framework; they are not the elements Florida currently requires for all HIV-related offenses. Reform should not simply exchange an HIV-status test for a viral-load test.[27]
Care is support, not a test of who deserves rights. You deserve respectful care and fair treatment whether your viral load is undetectable, detectable, or unknown. If access has become difficult, Find Care can help you locate services; the assistance guide explains ways to seek medication and coverage help.
For the broader research and reform discussion, read Beyond U=U: justice across the viral divide in the national guide. For an allegation or charge, use the legal-help section below.
By the Numbers
Williams Institute studies used Florida criminal-justice records to examine arrests, case outcomes, prison sentences, and costs. The studies use different cohorts and definitions; their totals should not be treated as interchangeable or as current annual counts.
Who Gets Prosecuted
The law is written to apply to everyone living with HIV. The enforcement has been anything but equal. Analysis of Florida's criminal data from 1986 to 2017 revealed stark racial and gender disparities.
The 2018 arrest study found that women were 27% of Floridians living with HIV in 2017 but 56% of people arrested under these laws. The separate 2021 incarceration study found women were 51% of people with prison sentences, compared with 27% of people living with HIV in 2018. Among 205 prison convictions from 1997–2020, about 60% involved the sex-work statute; Black women accounted for 44% of that subset and White men for 2%.[6][5]
Black men accounted for 53% of exposure-offense convictions with prison time in the 1997–2020 incarceration study. Separately, the arrest study identified arrests in 47 of 67 counties and substantial geographic disparities relative to the distribution of people living with HIV. These findings document unequal enforcement patterns; county totals alone cannot establish the motive for each prosecution.[5][6]
The March 2020 transmission-risk review examined 266 outcomes using the broader “convictions” definition explained above. Its finding concerned what the laws required, not proof of the medical circumstances of each event.[7]
Real Cases, Real People
These examples draw on an official court opinion and dated case reporting. Allegations, convictions, and medical evidence are different things; the source and status of each example matter.
HIV Justice Network reported that a Florida man received a 15-year sentence in 2009 for aggravated battery after biting a police officer. Its account describes HIV-positive saliva being treated as a deadly weapon. This is a reported case example, not evidence that saliva transmits HIV.[8]
Saliva alone does not transmit HIV. Rare bite-associated transmission has involved severe injury and blood, so describing all bites as biologically impossible routes is inaccurate. HIV is not spread through ordinary household contact.[13]
In L.A.P. v. State (2011), the appellate court reversed a conviction involving oral sex and digital penetration, based on its narrow interpretation of “sexual intercourse.” That interpretation is not the current rule: in Debaun v. State (2017), the Florida Supreme Court held that the statute includes oral and anal intercourse and disapproved the conflicting L.A.P. decision.[19]
HIV Justice Network’s Florida profile reports September 2022 charges against a woman accused of spitting on paramedics. These were allegations under § 775.0877, not a finding of HIV transmission. Spitting does not transmit HIV. The report does not establish the final disposition; a prosecution would still have to establish the statutory elements.[8][13]
The same profile reports October 2022 charges against a man accused of spitting at and biting first responders. Spitting does not transmit HIV; assessing a bite requires facts about injury and blood exposure. The report does not establish every medical detail or the final disposition of the charges.[8]
These examples show why the distinction between an allegation, a statutory offense, and a medically meaningful exposure matters. Advocacy organizations argue that HIV-related prosecutions should reflect current science and respect the rights of people living with HIV.[8][12]
2022 Cases: Allegations Beyond Sex Work
Section 775.0877 already listed offenses beyond sex work, including assault and battery. The 2022 cases were reported examples of its use, not a 2022 amendment expanding the statute to those offenses.[2]
HIV Justice Network contrasts earlier CHLP reporting of § 775.0877 prosecutions in the sex-work context with these 2022 allegations involving first responders. That monitoring account does not establish that they were Florida’s first such cases.[8]
UNAIDS’ 2024 factsheet reported at least 11 spitting-related and seven biting-related HIV criminal cases worldwide since 2022. These are dated monitoring figures. Saliva and spitting do not transmit HIV; bites involving serious injury and blood require a different assessment.[15]
These cases raise concerns about HIV-specific penalties in situations with no transmission risk. But the statute does not make any physical altercation by a person living with HIV a separate HIV offense automatically: its listed-offense, testing, notice, and other requirements remain relevant.[2]
How Florida Compares Nationally
CHLP’s September 2026 maps count 32 states with exposure or transmission offenses and 40 with at least one HIV-related offense or enhancement. UNAIDS’ 2024 factsheet reported 156 countries with relevant specific or general laws, or prosecutions under general laws during the preceding decade. The U.S. and global figures use different definitions and reporting dates.[16][15]
Numerous states have repealed or changed HIV-related criminal laws. CHLP’s timeline documents changes including Illinois’ 2021 repeal and reforms in California, Iowa, Michigan, Missouri, Nevada, and North Carolina. The reforms differ and do not necessarily eliminate every possible prosecution. Florida’s 2026 reform bills did not pass.[11][16]
At the federal level, the REPEAL HIV Discrimination Act has been introduced in multiple Congresses. One documented example is H.R. 6111 in the 117th Congress, introduced December 1, 2021, to promote review of laws and policies affecting people living with HIV. That bill was not enacted.[20]
Florida’s historical studies document substantial enforcement, and HIV Justice Network reports additional cases. Neither establishes a current worldwide ranking using comparable data.[8]
The Fight to Change the Law
Looking toward 2027: Florida’s 2026 bills did not become law. Follow new filings and committee action rather than assuming a reform has passed. Evaluate protections for people with detectable or unknown viral loads, enforcement, penalties, and people already affected. Policy watch list and advocacy resources →
Advocates have been pushing to modernize Florida's HIV criminalization statutes for years. The movement has won committee votes, built bipartisan support, and generated significant research backing — and it keeps losing in the legislature.
2019: HB 79, sponsored by Rep. Nick Duran, passed the House Criminal Justice Subcommittee 10–3 and Appropriations Committee 26–3. It died in Judiciary on May 3, 2019.[9]
2020: Rep. Duran’s HB 427 proposed further HIV-law changes but died in the Criminal Justice Subcommittee on March 14, 2020.[21]
2022: SB 1468, sponsored by Sen. Linda Stewart, would have excluded saliva from the body-fluid definition in § 775.0877, removed sex-work-related HIV testing requirements, and reduced criminal-transmission penalties. It died in the Health Policy Committee on March 14, 2022.[10]
2026: SB 764 (Sen. Shevrin Jones) and HB 1223 (Rep. Young, titled Sexually Transmissible Diseases) proposed the HIV Prevention Justice Act. Both died on March 13, 2026: SB 764 in Health Policy and HB 1223 in the Criminal Justice Subcommittee. Their proposed changes did not become law.[11]
The central provisions discussed here remain in the 2026 statutes checked September 28, 2026. The proposals listed above did not enact those changes. Committee approval is one stage of the legislative process, not a change in law.[9][11][21][12]
Who's Been Fighting for Change
Protecting Yourself
While advocates seek change, the current law still matters. These steps can help you find legal support and understand relevant evidence; they cannot guarantee protection from an allegation or charge.
Section 384.24(2) permits intercourse after the other person has been informed of the HIV diagnosis and consents. The text provides no express condom-use, PrEP, or viral-suppression exemption. A lawyer can assess the elements, evidence, and possible defenses in a particular case; disclosure records are not a guarantee against an allegation or charge.[1]
A note on U=U and the law: Maintaining viral suppression below 200 copies/mL on HIV treatment prevents sexual transmission.[18] Florida’s sexual-nondisclosure statute does not expressly exempt viral suppression.[1] Ask a lawyer how scientific evidence applies to your circumstances, and read why reform must extend beyond U=U.
- Understand the disclosure-and-consent requirement. Section 384.24(2) addresses both informing the partner and their consent; obtain legal advice about how it applies to your circumstances.[1]
- Discuss documentation with a lawyer. A text or other record may help establish what was communicated, but it does not guarantee protection from charges and should be stored with privacy in mind.[1]
- Stay in HIV care. Effective treatment protects your health. Maintaining viral suppression below 200 copies/mL prevents sexual transmission, even though Florida’s statute does not expressly exempt it.[18][1]
- Use prevention options that fit your needs. Condoms can help prevent other STIs and HIV when relevant, but Florida’s statute does not expressly make condom use an exemption.[13][1]
- Understand the limits of local statistics. The 2018 study found that Duval County accounted for 23% of HIV-related arrests but 6% of Floridians living with HIV. That historical comparison is not a prediction of an individual case or a current enforcement rate.[6]
- Know the sex-work provision. Section 796.08(5) can impose felony penalties when its testing, notice, and conduct requirements are met. Legal advice about this separate provision is important.[4]
- Ask for legal help promptly. If police question you about an HIV-related allegation, ask to speak with a lawyer before discussing it. SERO’s help page explains where to seek support.
A note on testing: Criminalization can create fear about learning one’s status. Testing also opens the door to effective treatment and prevention. Do not rely on avoiding a diagnosis as a legal strategy; ask a qualified lawyer about your circumstances and a testing provider about confidentiality and available testing options.[22]
If You're Facing a Charge
If you or someone you know has been charged with an HIV-related criminal offense in Florida, the most important thing is this: get legal help immediately. These are serious felony charges. Do not try to navigate them alone.
If you face qualifying criminal charges and cannot afford counsel, request a public defender. Eligibility is determined under Florida law. Advocacy groups and civil legal-aid organizations can provide information or referrals, but do not automatically serve as criminal defense counsel.[23]
National Resources on HIV Criminalization
Florida's fight doesn't happen in isolation. These national organizations are working to end HIV criminalization across the country — through legal advocacy, survivor storytelling, grassroots organizing, and policy reform.
February 28 is National HIV Is Not a Crime Awareness Day — first observed in 2022 by the Sero Project and the Elizabeth Taylor AIDS Foundation. It’s an annual opportunity to amplify survivor voices and push for reform.[28]
CDC’s legal assessment describes concerns that HIV criminalization can worsen stigma and discourage testing and care. This does not prove that a law caused each person’s care decisions. People living with HIV deserve policies that support health and dignity.[22]
The Florida studies document racial and gender disparities, but their administrative sex categories do not fully describe gender identity or transgender people’s experiences. Reform should include people living with HIV across those gaps, including sex workers and trans people, and address barriers to care without assuming anyone’s viral load.[6][24][26]
The 2026 reform bills, SB 764 and HB 1223, died in committee on March 13. Earlier bills won bipartisan committee votes, but those efforts did not enact the changes described here. For the advocacy positions behind those bills, see Equality Florida’s 2026 legislative agenda.[11]
And if you're living with HIV in Florida right now, navigating this: you deserve better than laws written before effective treatment existed. You deserve a legal framework that reflects what we actually know about this virus. That fight is ongoing. You're not alone in it.
— Kevin, a person living with HIV for 16+ years — Tampa Bay, FL · This page provides general information, not legal advice. If you are facing legal charges, please consult a qualified attorney.
References & Sources
Primary statutes, peer-reviewed research, and authoritative public-health, legal, and advocacy sources supporting the claims on this page. Community and advocacy publications are cited for lived-experience context; clinical and epidemiological claims are anchored to primary sources.
- Florida Legislature. Section 384.24, 2026 Florida Statutes; checked September 28, 2026. Source. ↩
- Florida Legislature. Section 775.0877, 2026 Florida Statutes; checked September 28, 2026. Source. ↩
- Florida Legislature. Section 381.0041, 2026 Florida Statutes; checked September 28, 2026. Source. ↩
- Florida Legislature. Section 796.08, 2026 Florida Statutes; checked September 28, 2026. Source. ↩
- Cisneros N, Sears B. HIV Criminalization in Florida: Length of Incarceration and Fiscal Implications. Williams Institute, July 2021. Prison-conviction cohort: 1997–2020. Source. ↩
- ↩Hasenbush, A. HIV Criminalization In Florida: Penal Implications For People Living With HIV/AIDS. Williams Institute, UCLA School of Law (Oct. 2018). williamsinstitute.law.ucla.edu
- ↩Williams Institute. HIV Criminalization in Florida: Evaluation of Transmission Risk. UCLA School of Law (March 2020). The report’s 266 “convictions” include adjudication withheld and pretrial diversion. williamsinstitute.law.ucla.edu/hiv-crim-transmission-fl
- ↩HIV Justice Network. Florida profile. Used here for dated case reporting, not as the authority for current statutory interpretation. Includes the 2009 bite prosecution, September 2022 spitting-on-paramedics case, and October 2022 spitting/biting case. hivjustice.net/country/us/us-fl
- Florida Legislature. HB 79 (2019): official committee votes and May 3 final action. Source. ↩
- ↩Florida Senate. SB 1468 (2022) — Human Immunodeficiency Virus. Sponsor: Sen. Stewart. Text and history. flsenate.gov/Session/Bill/2022/1468
- Florida Legislature. SB 764 and HB 1223 (2026). Both died in committee March 13, 2026. Source. ↩
- ↩Center for HIV Law and Policy. Florida state profile. hivlawandpolicy.org/state-profiles/florida
- CDC. How HIV Spreads. Cresswell FV et al., systematic review of biting and spitting, HIV Medicine 2018;19:532–540. Saliva/spitting do not transmit HIV; rare bite transmission involves serious injury and blood. Source. ↩
- ↩Centers for Disease Control and Prevention. HIV Risk and Prevention Estimates. Per-exposure risk chart classifying biting, spitting, and throwing body fluids as "negligible." cdc.gov/hivpartners/php/riskandprevention
- ↩UNAIDS. HIV criminalization — Human rights fact sheet series 2024. Documents 156 countries with HIV-related criminalization and the 11 spitting- / 7 biting-related cases reported globally since 2022. unaids.org (PDF)
- CHLP. Mapping HIV Criminalization Laws in the US, September 2026; reform timeline. Categories overlap and include broader communicable-disease laws. Source. ↩
- Florida Legislature. Section 384.34(5), penalties for violations of § 384.24(2); § 775.082 imprisonment limits. Source. ↩
- CDC. HIV treatment as prevention: sustained viral suppression below 200 copies/mL and sexual transmission. Source. ↩
- Florida Supreme Court. Debaun v. State, SC13-2336, March 16, 2017; the opinion discusses L.A.P. v. State, 62 So.3d 693 (2011), on pages 5–6 and disapproves its conflicting interpretation. Source. ↩
- GovInfo. H.R. 6111, 117th Congress, introduced December 1, 2021. Source. ↩
- Florida Legislature. HB 427 (2020), final action March 14, 2020. Source. ↩
- CDC. HIV Criminalization Legal and Policy Assessment Tool, 2022. Source. ↩
- Florida Legislature. Section 27.51, public-defender representation; eligibility also governed by § 27.52. Source. ↩
- CHLP, SERO, and partners. Call to Action for Racial Justice in HIV Criminal Law Reform (2018). Source. ↩
- CHLP. Treatment as Prevention in Criminal Law Reform: FAQ (2017), question 9. Source. ↩
- NIH. Adherence to the Continuum of Care. Reviewed September 28, 2026. Source. ↩
- Positive Justice Project/CHLP. Consensus Statement on the Criminalization of HIV in the United States (updated 2017). Source. ↩
- Elizabeth Taylor AIDS Foundation. About Us: February 28, 2022 launch of HIV Is Not a Crime Awareness Day with SERO. Source. ↩