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.