On December 22, 1970, the Board of County Commissioners enacted Ordinance No. 70-10, codified at Section 21-3 of the Code, which makes it unlawful for any person to sell or distribute on a retail basis any hypodermic syringe or needle, designed principally for subcutaneous injection, unless authorized by prescription by persons authorized under Florida law.
When enacted in 1970, Section 21-3 of the Code was intended to help prevent drug use by limiting access to syringes for drug users. However, drug recovery support groups indicate that an unintended consequence of restricting access to syringes is an increase in the sharing of needles with the associated risk of spreading of diseases. As the nation's heroin epidemic worsens, there are concerns the problem will only get worse. The Centers for Disease Control and Prevention supports the benefits of distributing clean needles to addicts through needle exchange programs.
The current Ordinance also prevents pharmacists from providing syringes to visitors to Broward County who need such syringes to administer their prescribed medication but who did not travel with a copy of their prescription. Palm Beach County had enacted a similar Ordinance in 1982, but repealed it two years later because of concerns that the restrictions prevented legitimate patients from accessing needed medication.
Although repeal of the referenced Ordinance would eliminate the Broward County restrictions on the sale or distribution of syringes or needles on a retail basis to adults, Florida law contains other, narrower, limitations that will remain in place. Section 893.147(3), Florida Statutes, regulates the sale or delivery of hypodermic syringes, needles, or other objects to minors, and prohibits sale of hypodermic syringes, needles, or other objects for use in parenterally injecting substances into the human body to any person under 18 years of age, except to the extent dispensed by a licensed practitioner, parent, or legal guardian or by a pharmacist pursuant to a valid prescription for same.
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