FL S0764

Reduces the penalty for knowingly donating blood, plasma, organs, skin, or other human tissue while HIV-positive from a third-degree felony to a first-degree misdemeanor, with an exception when a licensed physician deems the donation medically appropriate

Consolidates HIV transmission offenses with other sexually transmissible diseases under the same statute, requiring proof of intent to transmit, sexual conduct posing substantial risk of transmission, the other person being unaware of the infection, and actual transmission occurring

Establishes that a person does not act with intent to transmit if they comply in good faith with a prescribed treatment regimen or follow behavioral recommendations (such as using prophylactic devices) from healthcare providers or public health officials

Defines "substantial risk of transmission" as requiring proof of reasonable probability of disease transmission through competent medical evidence, and specifies that failure to comply with treatment or behavioral recommendations alone is insufficient to establish intent

Removes HIV-positive blood/tissue donation from the list of offenses triggering mandatory HIV testing and reduces the penalty for criminal transmission of HIV from a third-degree felony to a first-degree misdemeanor