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

    1         Senate Substitute for Amendment (357286) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. This act may be cited as the “Miami-Dade
    7  Infectious Disease Elimination Act (IDEA).”
    8         Section 2. Section 381.0038, Florida Statutes, is amended
    9  to read:
   10         381.0038 Education; sterile needle and syringe exchange
   11  pilot program.—The Department of Health shall establish a
   12  program to educate the public about the threat of acquired
   13  immune deficiency syndrome and a sterile needle and syringe
   14  exchange pilot program.
   15         (1) The acquired immune deficiency syndrome education
   16  program shall:
   17         (a) Be designed to reach all segments of Florida’s
   18  population;
   19         (b) Contain special components designed to reach non
   20  English-speaking and other minority groups within the state;
   21         (c) Impart knowledge to the public about methods of
   22  transmission of acquired immune deficiency syndrome and methods
   23  of prevention;
   24         (d) Educate the public about transmission risks in social,
   25  employment, and educational situations;
   26         (e) Educate health care workers and health facility
   27  employees about methods of transmission and prevention in their
   28  unique workplace environments;
   29         (f) Contain special components designed to reach persons
   30  who may frequently engage in behaviors placing them at a high
   31  risk for acquiring acquired immune deficiency syndrome;
   32         (g) Provide information and consultation to state agencies
   33  to educate all state employees; and
   34         (h) Provide information and consultation to state and local
   35  agencies to educate law enforcement and correctional personnel
   36  and inmates;.
   37         (i) Provide information and consultation to local
   38  governments to educate local government employees;.
   39         (j) Make information available to private employers and
   40  encourage them to distribute this information to their
   41  employees;.
   42         (k) Contain special components which emphasize appropriate
   43  behavior and attitude change; and.
   44         (l) Contain components that include information about
   45  domestic violence and the risk factors associated with domestic
   46  violence and AIDS.
   47         (2) The education program designed by the Department of
   48  Health shall use utilize all forms of the media and shall place
   49  emphasis on the design of educational materials that can be used
   50  by businesses, schools, and health care providers in the regular
   51  course of their business.
   52         (3) The department may contract with other persons in the
   53  design, development, and distribution of the components of the
   54  education program.
   55         (4) The department shall establish a sterile needle and
   56  syringe exchange pilot program in Miami-Dade County. The pilot
   57  program shall be administered by the department or the
   58  department’s designee. The department may designate one of the
   59  following entities to operate the pilot program at a fixed
   60  location or through a mobile health unit: a hospital licensed
   61  under chapter 395, a health care clinic licensed under part X of
   62  chapter 400, a substance abuse treatment program, an HIV or AIDS
   63  service organization, or another nonprofit entity designated by
   64  the department. The pilot program shall offer the free exchange
   65  of clean, unused needles and hypodermic syringes for used
   66  needles and hypodermic syringes as a means to prevent the
   67  transmission of HIV, AIDS, viral hepatitis, or other blood-borne
   68  diseases among intravenous drug users and their sexual partners
   69  and offspring.
   70         (a) The pilot program shall:
   71         1. Provide for maximum security of exchange sites and
   72  equipment, including an accounting of the number of needles and
   73  syringes in use, the number of needles and syringes in storage,
   74  safe disposal of returned needles, and any other measure that
   75  may be required to control the use and dispersal of sterile
   76  needles and syringes.
   77         2. Strive for a one-to-one exchange, whereby the
   78  participant shall receive one sterile needle and syringe unit in
   79  exchange for each used one.
   80         3. Make available educational materials; HIV counseling and
   81  testing; referral services to provide education regarding HIV,
   82  AIDS, and viral hepatitis transmission; and drug-abuse
   83  prevention and treatment.
   84         (b) Notwithstanding any other provision of law, the
   85  possession, distribution, or exchange of needles or syringes as
   86  part of the pilot program established by the department or the
   87  department’s designee is not a violation of any part of chapter
   88  893 or any other law.
   89         (c) A pilot program staff member, volunteer, or participant
   90  is not immune from criminal prosecution for:
   91         1. The possession of needles or syringes that are not a
   92  part of the pilot program; or
   93         2. Redistribution of needles or syringes in any form, if
   94  acting outside the pilot program.
   95         (d) The pilot program shall collect data for annual and
   96  final reporting purposes, which shall include information on the
   97  number of participants served, the number of needles and
   98  syringes exchanged and distributed, the demographic profiles of
   99  the participants served, the number of participants entering
  100  drug counseling and treatment, the number of participants
  101  receiving HIV, AIDS, or viral hepatitis testing, and other data
  102  deemed necessary for the pilot program. However, personal
  103  identifying information may not be collected from a participant
  104  for any purpose.
  105         (e) State funds may not be used to operate the pilot
  106  program. The pilot program shall be funded through grants and
  107  donations from private resources and funds.
  108         (f) The pilot program shall expire July 1, 2019, or, if
  109  operated by a designee, five years after the entity is
  110  designated. Six months before the pilot program expires, the
  111  Office of Program Policy Analysis and Government Accountability
  112  shall submit a report to the President of the Senate and the
  113  Speaker of the House of Representatives that includes the data
  114  collection requirements established in this subsection; the
  115  rates of HIV, AIDS, viral hepatitis, or other blood-borne
  116  diseases before the pilot program began and every subsequent
  117  year thereafter; and a recommendation on whether to continue the
  118  pilot program.
  119         (g) The department may adopt and develop rules to
  120  administer this subsection.
  121         Section 3. If any provision of this act or its application
  122  to any person or circumstance is held invalid, the invalidity
  123  does not affect other provisions or applications of the act that
  124  can be given effect without the invalid provision or
  125  application, and to this end the provisions of this act are
  126  severable.
  127         Section 4. This act shall take effect July 1, 2014.
  129  ================= T I T L E  A M E N D M E N T ================
  130  And the title is amended as follows:
  131         Delete everything before the enacting clause
  132  and insert:
  133                        A bill to be entitled                      
  134         An act relating to an infectious disease elimination
  135         pilot program; creating the “Miami-Dade Infectious
  136         Disease Elimination Act (IDEA)”; amending s. 381.0038,
  137         F.S.; requiring the Department of Health to establish
  138         a sterile needle and syringe exchange pilot program in
  139         Miami-Dade County; providing for administration of the
  140         pilot program by the department or a designee;
  141         establishing pilot program criteria; providing that
  142         the distribution of needles and syringes under the
  143         pilot program is not a violation of the Florida
  144         Comprehensive Drug Abuse Prevention and Control Act or
  145         any other law; providing conditions under which a
  146         pilot program staff member or participant may be
  147         prosecuted; prohibiting the collection of participant
  148         identifying information; providing for the pilot
  149         program to be funded through private grants and
  150         donations; providing for expiration of the pilot
  151         program; requiring the Office of Program Policy
  152         Analysis and Government Accountability to submit a
  153         report and recommendations regarding the pilot program
  154         to the Legislature; providing rulemaking authority;
  155         providing for severability; providing an effective
  156         date.