Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 408
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/04/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Miami-Dade
    6  Infectious Disease Elimination Act (IDEA).”
    7         Section 2. Section 381.0038, Florida Statutes, is amended
    8  to read:
    9         381.0038 Education; sterile needle and syringe exchange
   10  pilot program.—The Department of Health shall establish a
   11  program to educate the public about the threat of acquired
   12  immune deficiency syndrome and a sterile needle and syringe
   13  exchange pilot program.
   14         (1) The acquired immune deficiency syndrome education
   15  program shall:
   16         (a) Be designed to reach all segments of Florida’s
   17  population;
   18         (b) Contain special components designed to reach non
   19  English-speaking and other minority groups within the state;
   20         (c) Impart knowledge to the public about methods of
   21  transmission of acquired immune deficiency syndrome and methods
   22  of prevention;
   23         (d) Educate the public about transmission risks in social,
   24  employment, and educational situations;
   25         (e) Educate health care workers and health facility
   26  employees about methods of transmission and prevention in their
   27  unique workplace environments;
   28         (f) Contain special components designed to reach persons
   29  who may frequently engage in behaviors placing them at a high
   30  risk for acquiring acquired immune deficiency syndrome;
   31         (g) Provide information and consultation to state agencies
   32  to educate all state employees; and
   33         (h) Provide information and consultation to state and local
   34  agencies to educate law enforcement and correctional personnel
   35  and inmates;.
   36         (i) Provide information and consultation to local
   37  governments to educate local government employees;.
   38         (j) Make information available to private employers and
   39  encourage them to distribute this information to their
   40  employees;.
   41         (k) Contain special components which emphasize appropriate
   42  behavior and attitude change; and.
   43         (l) Contain components that include information about
   44  domestic violence and the risk factors associated with domestic
   45  violence and AIDS.
   46         (2) The education program designed by the Department of
   47  Health shall use utilize all forms of the media and shall place
   48  emphasis on the design of educational materials that can be used
   49  by businesses, schools, and health care providers in the regular
   50  course of their business.
   51         (3) The department may contract with other persons in the
   52  design, development, and distribution of the components of the
   53  education program.
   54         (4) The department shall establish a sterile needle and
   55  syringe exchange pilot program in Miami-Dade County. The pilot
   56  program shall be administered by the department or the
   57  department’s designee. The department may designate one of the
   58  following entities to operate the pilot program at a fixed
   59  location or through a mobile health unit: a hospital licensed
   60  under chapter 395, a health care clinic licensed under part X of
   61  chapter 400, a substance abuse treatment program, an HIV or AIDS
   62  service organization, or another nonprofit entity designated by
   63  the department. The pilot program shall offer the free exchange
   64  of clean, unused needles and hypodermic syringes for used
   65  needles and hypodermic syringes as a means to prevent the
   66  transmission of HIV, AIDS, viral hepatitis, or other blood-borne
   67  diseases among intravenous drug users and their sexual partners
   68  and offspring.
   69         (a) The pilot program shall:
   70         1. Provide for maximum security of exchange sites and
   71  equipment, including an accounting of the number of needles and
   72  syringes in use, the number of needles and syringes in storage,
   73  safe disposal of returned needles, and any other measure that
   74  may be required to control the use and dispersal of sterile
   75  needles and syringes.
   76         2. Strive for a one-to-one exchange, whereby the
   77  participant shall receive one sterile needle and syringe unit in
   78  exchange for each used one.
   79         3. Make available educational materials; HIV counseling and
   80  testing; referral services to provide education regarding HIV,
   81  AIDS, and viral hepatitis transmission; and drug-abuse
   82  prevention and treatment.
   83         (b) Notwithstanding any other provision of law, the
   84  possession, distribution, or exchange of needles or syringes as
   85  part of the pilot program established by the department or the
   86  department’s designee is not a violation of any part of chapter
   87  893 or any other law.
   88         (c) A pilot program staff member, volunteer, or participant
   89  is not immune from criminal prosecution for:
   90         1. The possession of needles or syringes that are not a
   91  part of the pilot program; or
   92         2. Redistribution of needles or syringes in any form, if
   93  acting outside the pilot program.
   94         (d) The pilot program shall collect data for annual and
   95  final reporting purposes, which shall include information on the
   96  number of participants served, the number of needles and
   97  syringes exchanged and distributed, the demographic profiles of
   98  the participants served, the number of participants entering
   99  drug counseling and treatment, the number of participants
  100  receiving HIV, AIDS, or viral hepatitis testing, and other data
  101  deemed necessary for the pilot program. However, personal
  102  identifying information may not be collected from a participant
  103  for any purpose.
  104         (e) State funds may not be used to operate the pilot
  105  program. The pilot program shall be funded through grants and
  106  donations from private resources and funds.
  107         (f) The pilot program shall expire 5 years after the date
  108  the department designates an entity as defined in subsection (4)
  109  to operate the pilot program. Six months before the pilot
  110  program expires, the Office of Program Policy Analysis and
  111  Government Accountability shall submit a report to the President
  112  of the Senate and the Speaker of the House of Representatives
  113  that includes the data collection requirements established in
  114  this subsection; the rates of HIV, AIDS, viral hepatitis, or
  115  other blood-borne diseases before the pilot program began and
  116  every subsequent year thereafter; and a recommendation on
  117  whether to continue the pilot program.
  118         (g) The department may adopt and develop rules to
  119  administer this subsection.
  120         Section 3. If any provision of this act or its application
  121  to any person or circumstance is held invalid, the invalidity
  122  does not affect other provisions or applications of the act that
  123  can be given effect without the invalid provision or
  124  application, and to this end the provisions of this act are
  125  severable.
  126         Section 4. This act shall take effect July 1, 2014.
  127  ================= T I T L E  A M E N D M E N T ================
  128  And the title is amended as follows:
  129         Delete everything before the enacting clause
  130  and insert:
  131                        A bill to be entitled                      
  132         An act relating to an infectious disease elimination
  133         pilot program; creating the “Miami-Dade Infectious
  134         Disease Elimination Act (IDEA)”; amending s. 381.0038,
  135         F.S.; requiring the Department of Health to establish
  136         a sterile needle and syringe exchange pilot program in
  137         Miami-Dade County; providing for administration of the
  138         pilot program by the department or a designee;
  139         establishing pilot program criteria; providing that
  140         the distribution of needles and syringes under the
  141         pilot program is not a violation of the Florida
  142         Comprehensive Drug Abuse Prevention and Control Act or
  143         any other law; providing conditions under which a
  144         pilot program staff member or participant may be
  145         prosecuted; prohibiting the collection of participant
  146         identifying information; providing for the pilot
  147         program to be funded through private grants and
  148         donations; providing for expiration of the pilot
  149         program; requiring the Office of Program Policy
  150         Analysis and Government Accountability to submit a
  151         report and recommendations regarding the pilot program
  152         to the Legislature; providing rulemaking authority;
  153         providing for severability; providing an effective
  154         date.