Florida Senate - 2023                                    SB 1650
       By Senator Torres
       25-01155-23                                           20231650__
    1                        A bill to be entitled                      
    2         An act relating to safer consumption services
    3         programs; creating s. 381.0047, F.S.; providing a
    4         short title; defining terms; authorizing the
    5         Department of Health to approve entities to operate
    6         safer consumption services programs for specified
    7         purposes; requiring the department to establish
    8         certain standards and procedures for the programs;
    9         specifying criteria an entity must satisfy to obtain
   10         department approval to operate a program; requiring
   11         the department to make a determination regarding a
   12         program application within a specified timeframe;
   13         requiring the department to include a written
   14         explanation if it denies an application; providing
   15         that a denial does not bar an entity from reapplying;
   16         providing that approved programs must maintain
   17         compliance with specified provisions and rules to
   18         continue operating; requiring entities operating
   19         approved programs to submit annual reports to the
   20         department by a specified date each year; providing
   21         requirements for the report; providing that specified
   22         persons are immune from criminal prosecution and civil
   23         or administrative penalties, and may not be denied any
   24         rights or privileges, based solely on their
   25         participation or involvement in a program; providing
   26         construction; authorizing the department to adopt
   27         rules; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 381.0047, Florida Statutes, is created
   32  to read:
   33         381.0047 Safer consumption services programs.—
   34         (1)SHORT TITLE.—This section may be cited as the “Safer
   35  Consumption Services Act.”
   36         (2)DEFINITIONS.—As used in this section, the term:
   37         (a)“Department” means the Department of Health.
   38         (b)“Entity” means a community-based organization that
   39  provides educational, health, harm reduction, housing, or social
   40  services or any hospital, medical clinic or office, health
   41  center, nursing home facility, mental health facility, or other
   42  similar entity that provides health services.
   43         (c)Participant” means an individual who seeks to use,
   44  uses, or has used a program established under this section.
   45         (d)Program” means a safer consumption services program
   46  established under this section.
   47         (3)SAFER CONSUMPTION SERVICES PROGRAMS.—Notwithstanding
   48  any other law or rule to the contrary, for the purpose of
   49  reducing the spread of infectious diseases and drug overdose
   50  related deaths, the department may approve entities to operate
   51  safer consumption services programs in this state. Such programs
   52  are intended to provide a safer environment for those afflicted
   53  with a substance abuse problem so that they may consume such
   54  substances in hygienic conditions and under the monitoring of
   55  qualified health professionals. The department shall establish
   56  standards and procedures for program approval, operations, and
   57  training.
   58         (a)The department may approve an entity to operate a
   59  program if the entity demonstrates, to the department’s
   60  satisfaction, that the entity will:
   61         1.Provide a hygienic space where participants may consume
   62  their preobtained illicit drugs. The space must be separate from
   63  any other business conducted by the entity;
   64         2.Provide adequate staffing of health care professionals
   65  or other trained staff to monitor participants;
   66         3.Provide sterile injection supplies, collect used
   67  hypodermic needles and syringes, and provide secure hypodermic
   68  needle and syringe disposal services;
   69         4.Provide education on safe consumption practices, proper
   70  disposal of hypodermic needles and syringes, and overdose
   71  prevention. Such education must be provided in written format,
   72  in at least four of the most commonly spoken languages in this
   73  state as determined by the department;
   74         5.Monitor participants for potential overdose and
   75  administer first aid, if needed;
   76         6.Provide referrals for addiction treatment, medical and
   77  social services, and employment and training services;
   78         7.Educate participants on the risks of contracting HIV and
   79  viral hepatitis and provide sexual health resources and
   80  supplies, including, but not limited to, male and female
   81  condoms;
   82         8.Provide participants access to naloxone or referrals to
   83  obtain naloxone;
   84         9.Provide reasonable and adequate security of the program
   85  site and equipment;
   86         10.Ensure confidentiality of program participants by using
   87  anonymous unique identifiers;
   88         11.Train staff members to deliver services offered by the
   89  program or arrange for staff members to attend trainings
   90  provided by the department; and
   91         12.Establish operating procedures for the program as well
   92  as eligibility criteria for program participants, if not
   93  predetermined by the department.
   94         (b)The department shall approve or deny an entity’s
   95  application to establish a program under this section within 45
   96  days after receipt of the application and, if it denies an
   97  application, must provide a written explanation of the reasons
   98  for such denial.
   99         (c)The department’s decision to deny an application does
  100  not bar the entity from reapplying.
  101         (d)To continue operating, approved programs must maintain
  102  compliance with the requirements of, and the rules adopted
  103  pursuant to, this section.
  104         (4)ANNUAL REPORTS.—An entity operating a safer consumption
  105  services program under this section shall provide an annual
  106  report to the department by January 1 of each year. The report
  107  must include, at a minimum, all of the following for the
  108  preceding calendar year:
  109         (a)The total number of program participants.
  110         (b)Aggregate information regarding the demographics of
  111  program participants.
  112         (c)The total number of hypodermic needles and syringes
  113  distributed for use on site.
  114         (d)The total number of overdoses experienced on site,
  115  including the total number of overdoses that were reversed.
  116         (e)The total number of individuals directly referred to
  117  other services, aggregated by the types of services.
  118         (5)IMMUNITY.—Notwithstanding any other law or rule to the
  119  contrary, the following persons may not be arrested, charged, or
  120  prosecuted for any criminal offense or be subject to any civil
  121  or administrative penalty, including seizure or forfeiture of
  122  assets or real property or disciplinary action by a professional
  123  licensing board, or be denied any right or privilege, solely
  124  based on the person’s participation or involvement in a safer
  125  consumption services program approved by the department under
  126  this section:
  127         (a)Participants of the program.
  128         (b)Staff members and administrators of the program,
  129  including health care professionals, managers, employees, and
  130  volunteers.
  131         (c)Owners of the real property at which the program is
  132  located and operated.
  134  However, such persons are not immune from criminal prosecution
  135  for any activities that are not authorized or approved under
  136  this section.
  137         (6)CONSTRUCTION.—This section does not prohibit an entity
  138  from operating as both an approved program under this section
  139  and a sterile needle and syringe exchange program established
  140  pursuant to s. 381.0038.
  141         (7)RULES.—The department may adopt rules to implement this
  142  section.
  143         Section 2. This act shall take effect July 1, 2023.