Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. SB 800
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/3R         .                                
             03/02/2018 05:24 PM       .                                

       Senator Braynon moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 381.0038, Florida
    6  Statutes, is amended to read:
    7         381.0038 Education; sterile needle and syringe exchange
    8  pilot program.—The Department of Health shall establish a
    9  program to educate the public about the threat of acquired
   10  immune deficiency syndrome.
   11         (4) The University of Miami and its affiliates may
   12  establish a single sterile needle and syringe exchange pilot
   13  program in Miami-Dade County, Broward County, and Palm Beach
   14  County. The pilot program may operate at a fixed location or
   15  through a mobile health unit. The pilot program shall offer the
   16  free exchange of clean, unused needles and hypodermic syringes
   17  for used needles and hypodermic syringes as a means to prevent
   18  the transmission of HIV, AIDS, viral hepatitis, or other blood
   19  borne diseases among intravenous drug users and their sexual
   20  partners and offspring.
   21         (a) The pilot program must:
   22         1. Provide for maximum security of exchange sites and
   23  equipment, including an accounting of the number of needles and
   24  syringes in use, the number of needles and syringes in storage,
   25  safe disposal of returned needles, and any other measure that
   26  may be required to control the use and dispersal of sterile
   27  needles and syringes.
   28         2. Operate a one-to-one exchange, whereby the participant
   29  shall receive one sterile needle and syringe unit in exchange
   30  for each used one.
   31         3. Make available educational materials and referrals to
   32  education regarding the transmission of HIV, viral hepatitis,
   33  and other blood-borne diseases; provide referrals for drug abuse
   34  prevention and treatment; and provide or refer for HIV and viral
   35  hepatitis screening.
   36         (b) The possession, distribution, or exchange of needles or
   37  syringes as part of the pilot program established under this
   38  subsection is not a violation of any part of chapter 893 or any
   39  other law.
   40         (c) A pilot program staff member, volunteer, or participant
   41  is not immune from criminal prosecution for:
   42         1. The possession of needles or syringes that are not a
   43  part of the pilot program; or
   44         2. The redistribution of needles or syringes in any form,
   45  if acting outside the pilot program.
   46         (d) The pilot program must collect data for quarterly,
   47  annual, and final reporting purposes. The annual report must
   48  include information on the number of participants served, the
   49  number of needles and syringes exchanged and distributed, the
   50  demographic profiles of the participants served, the number of
   51  participants entering drug counseling and treatment; the number
   52  of participants receiving testing for HIV, AIDS, viral
   53  hepatitis, or other blood-borne diseases; and other data
   54  necessary for the pilot program. However, personal identifying
   55  information may not be collected from a participant for any
   56  purpose. Quarterly reports must be submitted to the Department
   57  of Health in Miami-Dade County by October 15, January 15, April
   58  15, and July 15 of each year. An annual report must be submitted
   59  to the Department of Health by August 1 every year until the
   60  program expires. A final report is due on August 1, 2023 2021,
   61  to the Department of Health and must describe the performance
   62  and outcomes of the pilot program and include a summary of the
   63  information in the annual reports for all pilot program years.
   64         (e) State, county, or municipal funds may not be used to
   65  operate the pilot program. The pilot program shall be funded
   66  through grants and donations from private resources and funds.
   67         (f) The pilot program shall expire July 1, 2023 2021.
   68         Section 2. This act shall take effect July 1, 2018.
   71  ================= T I T L E  A M E N D M E N T ================
   72  And the title is amended as follows:
   73         Delete everything before the enacting clause
   74  and insert:
   75                        A bill to be entitled                      
   76         An act relating to an infectious disease elimination
   77         pilot program; amending s. 381.0038, F.S.; authorizing
   78         the University of Miami and its affiliates to
   79         establish sterile needle and syringe exchange pilot
   80         programs in Broward County and Palm Beach County;
   81         establishing the pilot program criteria; providing
   82         that the possession, distribution, or exchange of
   83         needles and syringes under the pilot program is not a
   84         violation of the Florida Comprehensive Drug Abuse
   85         Prevention and Control Act or any other law; providing
   86         conditions under which a pilot program staff member,
   87         volunteer, or participant may be prosecuted; requiring
   88         the pilot program to collect certain data for
   89         reporting purposes; prohibiting the collection of
   90         personal identifying information from program
   91         participants; requiring the university and its
   92         affiliates to submit quarterly and annual reports to
   93         the Department of Health; requiring the university and
   94         its affiliates to submit a final report containing
   95         certain information and summaries to the department;
   96         prohibiting use of state, county, or municipal funds
   97         to operate the pilot program; requiring the pilot
   98         program to be funded through private grants and
   99         donations; providing for expiration of the pilot
  100         program; providing an effective date.