Florida Senate - 2016                                     SB 242
       By Senator Braynon
       36-00294-16                                            2016242__
    1                        A bill to be entitled                      
    2         An act relating to an infectious disease elimination
    3         pilot program; creating the “Miami-Dade Infectious
    4         Disease Elimination Act (IDEA)”; amending s. 381.0038,
    5         F.S.; authorizing the University of Miami and its
    6         affiliates to establish a sterile needle and syringe
    7         exchange pilot program in Miami-Dade County;
    8         establishing the pilot program criteria; providing
    9         that the possession, distribution, or exchange of
   10         needles and syringes under the pilot program is not a
   11         violation of the Florida Comprehensive Drug Abuse
   12         Prevention and Control Act or any other law; providing
   13         conditions under which a pilot program staff member,
   14         volunteer, or participant may be prosecuted; requiring
   15         the pilot program to collect certain data; prohibiting
   16         the collection of personal identifying information
   17         from program participants; prohibiting state funds
   18         from being used to operate the pilot program;
   19         requiring the pilot program to be funded through
   20         private grants and donations; providing for expiration
   21         of the pilot program; requiring the Office of Program
   22         Policy Analysis and Government Accountability to
   23         submit a report and recommendations regarding the
   24         pilot program to the Legislature; providing for
   25         severability; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. This act may be cited as the “Miami-Dade
   30  Infectious Disease Elimination Act (IDEA).”
   31         Section 2. Section 381.0038, Florida Statutes, is amended
   32  to read:
   33         381.0038 Education; sterile needle and syringe exchange
   34  pilot program.—The Department of Health shall establish a
   35  program to educate the public about the threat of acquired
   36  immune deficiency syndrome.
   37         (1) The acquired immune deficiency syndrome education
   38  program shall:
   39         (a) Be designed to reach all segments of Florida’s
   40  population;
   41         (b) Contain special components designed to reach non
   42  English-speaking and other minority groups within the state;
   43         (c) Impart knowledge to the public about methods of
   44  transmission of acquired immune deficiency syndrome and methods
   45  of prevention;
   46         (d) Educate the public about transmission risks in social,
   47  employment, and educational situations;
   48         (e) Educate health care workers and health facility
   49  employees about methods of transmission and prevention in their
   50  unique workplace environments;
   51         (f) Contain special components designed to reach persons
   52  who may frequently engage in behaviors placing them at a high
   53  risk for acquiring acquired immune deficiency syndrome;
   54         (g) Provide information and consultation to state agencies
   55  to educate all state employees; and
   56         (h) Provide information and consultation to state and local
   57  agencies to educate law enforcement and correctional personnel
   58  and inmates;.
   59         (i) Provide information and consultation to local
   60  governments to educate local government employees;.
   61         (j) Make information available to private employers and
   62  encourage them to distribute this information to their
   63  employees;.
   64         (k) Contain special components which emphasize appropriate
   65  behavior and attitude change; and.
   66         (l) Contain components that include information about
   67  domestic violence and the risk factors associated with domestic
   68  violence and AIDS.
   69         (2) The education program designed by the Department of
   70  Health shall use utilize all forms of the media and shall place
   71  emphasis on the design of educational materials that can be used
   72  by businesses, schools, and health care providers in the regular
   73  course of their business.
   74         (3) The department may contract with other persons in the
   75  design, development, and distribution of the components of the
   76  education program.
   77         (4) The University of Miami and its affiliates may
   78  establish a single sterile needle and syringe exchange pilot
   79  program in Miami-Dade County. The pilot program may operate at a
   80  fixed location or through a mobile health unit. The pilot
   81  program shall offer the free exchange of clean, unused needles
   82  and hypodermic syringes for used needles and hypodermic syringes
   83  as a means to prevent the transmission of HIV, AIDS, viral
   84  hepatitis, or other blood-borne diseases among intravenous drug
   85  users and their sexual partners and offspring.
   86         (a) The pilot program must:
   87         1. Provide for maximum security of exchange sites and
   88  equipment, including an accounting of the number of needles and
   89  syringes in use, the number of needles and syringes in storage,
   90  safe disposal of returned needles, and any other measure that
   91  may be required to control the use and dispersal of sterile
   92  needles and syringes.
   93         2. Operate a one-to-one exchange, whereby the participant
   94  shall receive one sterile needle and syringe unit in exchange
   95  for each used one.
   96         3. Make available educational materials; HIV, AIDS, and
   97  viral hepatitis counseling and testing; referral services to
   98  provide education regarding the transmission of HIV, AIDS, viral
   99  hepatitis, and other blood-borne diseases; and drug abuse
  100  prevention and treatment counseling and referral services.
  101         (b) The possession, distribution, or exchange of needles or
  102  syringes as part of the pilot program established under this
  103  subsection is not a violation of any part of chapter 893 or any
  104  other law.
  105         (c) A pilot program staff member, volunteer, or participant
  106  is not immune from criminal prosecution for:
  107         1. The possession of needles or syringes that are not a
  108  part of the pilot program; or
  109         2. The redistribution of needles or syringes in any form,
  110  if acting outside the pilot program.
  111         (d) The pilot program must collect data for annual and
  112  final reporting purposes, which must include information on the
  113  number of participants served, the number of needles and
  114  syringes exchanged and distributed, the demographic profiles of
  115  the participants served, the number of participants entering
  116  drug counseling and treatment, the number of participants
  117  receiving testing for HIV, AIDS, viral hepatitis, or other
  118  blood-borne diseases, and other data deemed necessary for the
  119  pilot program. However, personal identifying information may not
  120  be collected from a participant for any purpose.
  121         (e) State funds may not be used to operate the pilot
  122  program. The pilot program shall be funded through grants and
  123  donations from private resources and funds.
  124         (f) The pilot program shall expire July 1, 2020. By January
  125  1, 2020, the Office of Program Policy Analysis and Government
  126  Accountability shall submit a report to the President of the
  127  Senate and the Speaker of the House of Representatives which
  128  includes the data collection requirements established in this
  129  subsection; the rates of HIV, AIDS, viral hepatitis, or other
  130  blood-borne diseases before the pilot program began and for
  131  every subsequent year; and a recommendation on whether to
  132  continue the pilot program.
  133         Section 3. If any provision of this act or its application
  134  to any person or circumstance is held invalid, the invalidity
  135  does not affect other provisions or applications of the act
  136  which can be given effect without the invalid provision or
  137  application, and to this end the provisions of this act are
  138  severable.
  139         Section 4. This act shall take effect July 1, 2016.