AIDS Continuing Education--NCBTMB Approved

Chapter 9

Criminal Law (Florida)


It is a crime in Florida for a person who has HIV and knows it to:

  • donate “blood, plasma, skin, organ, or other human tissue donation” if the person has been informed such donations may transmit the disease; this is a felony. (Any person who fails to test that which is destined for a transfusion or transplant is guilty of a misdemeanor.)
  • have sexual intercourse with another person if the subject person has been informed sexual activity may transmit the disease, unless the sexual partner is informed the subject person is HIV-positive and consents to the sexual intercourse.

    • There are 14 crimes (including prostitution) which if a HIV-positive person is convicted of committing a second (or subsequent) time will also make that person guilty of criminal transmission of HIV. Actual infection need not occur. This may also trigger a term of “community quarantine community control” imposed by the court. A HIV-positive person who commits prostitution (or offers to commit) or who procures another to commit has also committed criminal transmission of HIV, a felony.


    The Department of Health can petition the court to order a person to be isolated from the general public if it is probable that otherwise the person would spread HIV/AIDS, such quarantine continuing until the likelihood of danger to the public health ceases or becomes insignificant. The Department may ask for detention of the person before a hearing can be held; the detainee has the right to a bail hearing within 24 hours and to habeas corpus.


    Violating the laws about confidentiality is a misdemeanor.



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