Florida Senate - 2013                                     SB 808
       By Senator Margolis
       35-00485-13                                            2013808__
    1                        A bill to be entitled                      
    2         An act relating to a needle and syringe exchange
    3         program; amending s. 381.0038, F.S.; authorizing the
    4         Department of Health to establish a needle and syringe
    5         exchange program; providing criteria for the program;
    6         providing that the distribution of needles and
    7         syringes under the program is not a violation of the
    8         Florida Comprehensive Drug Abuse Prevention and
    9         Control Act or any other law; providing conditions
   10         under which a program staff member or participant may
   11         be prosecuted; providing for severability; providing
   12         an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (4) is added to section 381.0038,
   17  Florida Statutes, to read:
   18         381.0038 Education; needle and syringe exchange program.
   19  The Department of Health shall establish a program to educate
   20  the public about the threat of acquired immune deficiency
   21  syndrome.
   22         (4) The department may establish a program offering the
   23  free exchange of clean, unused needles and hypodermic syringes
   24  for used needles and hypodermic syringes as a means to prevent
   25  the transmission of the human immunodeficiency virus (HIV),
   26  AIDS, and other blood-borne diseases among intravenous drug
   27  users.
   28         (a) The needle and syringe exchange program must meet the
   29  following criteria:
   30         1. The program shall provide for maximum security of
   31  exchange sites and equipment, including an accounting of the
   32  number of needles and syringes in use, the number of needles and
   33  syringes in storage, and any other measure that may be required
   34  to control the use and dispersal of sterile needles and
   35  syringes.
   36         2. The program shall strive for a one-to-one exchange,
   37  whereby the participant shall receive one sterile needle and
   38  syringe unit in exchange for each used one.
   39         3. The department shall make available educational
   40  materials, HIV counseling and testing, and referral services
   41  targeted to education regarding HIV/AIDS transmission and drug
   42  use prevention and treatment.
   43         (b) Notwithstanding any other provision of law, the
   44  possession, distribution, or exchange of needles or syringes as
   45  part of a needle and syringe exchange program established by the
   46  department is not a violation of any part of chapter 893 or any
   47  other law.
   48         (c) A needle and syringe exchange program staff member or
   49  participant is not immune from criminal prosecution for:
   50         1. The possession of needles or syringes that are not a
   51  part of the exchange program; or
   52         2. Redistribution of needles or syringes in any form.
   53         Section 2. If any provision of this act or its application
   54  to any person or circumstance is held invalid, the invalidity
   55  does not affect other provisions or applications of the act
   56  which can be given effect without the invalid provision or
   57  application, and to this end the provisions of this act are
   58  severable.
   59         Section 3. This act shall take effect July 1, 2013.