SB 800 First Engrossed
1 A bill to be entitled
2 An act relating to an infectious disease elimination
3 pilot program; amending s. 381.0038, F.S.; authorizing
4 the University of Miami and its affiliates to
5 establish sterile needle and syringe exchange pilot
6 programs in Broward County and Palm Beach County;
7 establishing the pilot program criteria; providing
8 that the possession, distribution, or exchange of
9 needles and syringes under the pilot program is not a
10 violation of the Florida Comprehensive Drug Abuse
11 Prevention and Control Act or any other law; providing
12 conditions under which a pilot program staff member,
13 volunteer, or participant may be prosecuted; requiring
14 the pilot program to collect certain data for
15 reporting purposes; prohibiting the collection of
16 personal identifying information from program
17 participants; requiring the university and its
18 affiliates to submit quarterly and annual reports to
19 the Department of Health; requiring the university and
20 its affiliates to submit a final report containing
21 certain information and summaries to the department;
22 prohibiting use of state, county, or municipal funds
23 to operate the pilot program; requiring the pilot
24 program to be funded through private grants and
25 donations; providing for expiration of the pilot
26 program; providing an effective date.
28 Be It Enacted by the Legislature of the State of Florida:
30 Section 1. Subsection (4) of section 381.0038, Florida
31 Statutes, is amended to read:
32 381.0038 Education; sterile needle and syringe exchange
33 pilot program.—The Department of Health shall establish a
34 program to educate the public about the threat of acquired
35 immune deficiency syndrome.
36 (4) The University of Miami and its affiliates may
37 establish a
single sterile needle and syringe exchange pilot
38 program in Miami-Dade County, Broward County, and Palm Beach
39 County. The pilot program may operate at a fixed location or
40 through a mobile health unit. The pilot program shall offer the
41 free exchange of clean, unused needles and hypodermic syringes
42 for used needles and hypodermic syringes as a means to prevent
43 the transmission of HIV, AIDS, viral hepatitis, or other blood
44 borne diseases among intravenous drug users and their sexual
45 partners and offspring.
46 (a) The pilot program must:
47 1. Provide for maximum security of exchange sites and
48 equipment, including an accounting of the number of needles and
49 syringes in use, the number of needles and syringes in storage,
50 safe disposal of returned needles, and any other measure that
51 may be required to control the use and dispersal of sterile
52 needles and syringes.
53 2. Operate a one-to-one exchange, whereby the participant
54 shall receive one sterile needle and syringe unit in exchange
55 for each used one.
56 3. Make available educational materials and referrals to
57 education regarding the transmission of HIV, viral hepatitis,
58 and other blood-borne diseases; provide referrals for drug abuse
59 prevention and treatment; and provide or refer for HIV and viral
60 hepatitis screening.
61 (b) The possession, distribution, or exchange of needles or
62 syringes as part of the pilot program established under this
63 subsection is not a violation of any part of chapter 893 or any
64 other law.
65 (c) A pilot program staff member, volunteer, or participant
66 is not immune from criminal prosecution for:
67 1. The possession of needles or syringes that are not a
68 part of the pilot program; or
69 2. The redistribution of needles or syringes in any form,
70 if acting outside the pilot program.
71 (d) The pilot program must collect data for quarterly,
72 annual, and final reporting purposes. The annual report must
73 include information on the number of participants served, the
74 number of needles and syringes exchanged and distributed, the
75 demographic profiles of the participants served, the number of
76 participants entering drug counseling and treatment; the number
77 of participants receiving testing for HIV, AIDS, viral
78 hepatitis, or other blood-borne diseases; and other data
79 necessary for the pilot program. However, personal identifying
80 information may not be collected from a participant for any
81 purpose. Quarterly reports must be submitted to the Department
82 of Health in Miami-Dade County by October 15, January 15, April
83 15, and July 15 of each year. An annual report must be submitted
84 to the Department of Health by August 1 every year until the
85 program expires. A final report is due on August 1, 2023 2021,
86 to the Department of Health and must describe the performance
87 and outcomes of the pilot program and include a summary of the
88 information in the annual reports for all pilot program years.
89 (e) State, county, or municipal funds may not be used to
90 operate the pilot program. The pilot program shall be funded
91 through grants and donations from private resources and funds.
92 (f) The pilot program shall expire July 1, 2023 2021.
93 Section 2. This act shall take effect July 1, 2018.