FL S0846

Allows people with HIV to donate human tissue if deemed medically appropriate by a licensed physician, and reduces the penalty for unlawful donation from felony third degree to misdemeanor first degree.

Expands Florida's sexually transmissible disease laws to explicitly include HIV infection and changes the offense from strict liability for having sexual intercourse to requiring intent to transmit or engaging in sexual conduct posing substantial risk of transmission when the other person is unaware.

Creates an affirmative defense for individuals who in good faith comply with treatment regimens prescribed by health care providers or follow behavioral recommendations (including prophylactic use) to limit transmission risk, or offer to comply but are rejected by the other person.

Removes criminal penalties for violations of department rules on sexually transmissible diseases and reduces penalties for false information dissemination and malicious disclosure of disease status from felony third degree to misdemeanor first degree.

Removes section 381.0041(11)(b) (HIV tissue donation offense) from the criminal transmission of HIV statute and updates cross-references in HIV testing requirements and sentencing guidelines accordingly.