In an effort to ensure the health and safety of all persons within each courthouse in this 15th Circuit and to prevent any accidental exposure, there is a need to establish guidelines and procedures for handling and packaging any non-hazardous and potentially hazardous evidence that contains or may contain hazardous substances.

Hazardous Exhibits are those that contain, may contain, or may have come into contact with potentially toxic or dangerous substances that may be life-threatening, including, but not limited to: Fentanyl, Carfentanil, Remifentanil, Alfentanil, Sufentanil, and other related high-potency narcotics that could be mixed with Heroin, Cocaine, Methamphetamine, Marijuana, or other drugs. Examples of exhibit-types that staff have come into contact with a hazardous substance include but are not limited to the following: small to large-sized carrying or storage bags, articles of clothing, weighing scales, smoking pipe(s) or items used to smoke drugs, and containers that have residue.

Packaging Requirements for Non-Hazardous and Known Hazardous Exhibits:

In the event that known hazardous or non-hazardous exhibits are brought into the courthouse, trial or Evidence Department, these exhibits shall be properly packaged and/or sealed. Requirements are as follows:

• Non-Hazardous Exhibits: if the bag and/or container is not sealed, the exhibit must be either in a brown bag, an envelope, or some type of container that is clearly labeled using an Evidence Exhibit card (see attached sample template). If a previously identified non-hazardous exhibit becomes known to be hazardous, repackage the exhibit following the guidelines below.
• Known Hazardous Exhibits: the bag and/or container must be properly sealed, and the contents of the exhibit(s) detailed. Properly sealed and/or packaged means that the exhibit is to be sealed (suggest double-bagging) to prevent seepage and is clearly labeled using an Evidence Exhibit card (see attached sample template).

NOTE:  Many Palm Beach County law enforcement agencies (LEOs) presently use the following bags to package hazardous-type exhibits: Order # A1150965 (a FraudStopper brand) and Order # DD0982282 (a SecurPak brand).  

Procedure:

When handling a hazardous narcotic exhibit, at all times  you are to wear Personal Protective Equipment (PPE).  Each party is to provide PPE to the persons handling and/or packaging the exhibit(s). The proper PPE that should be worn is as follows:

1. Always wear nitrile gloves (double gloves if necessary).
2. To prevent possible skin contact, make sure to handle each exhibit with “care”.For example:
   • Carefully and slowly close any bags or containers. Do not fling or toss an exhibit.
   • When reaching inside a bag (i.e., duffle bag), make sure your skin is not exposed.
3. Wear a fit-tested N95 or N100 respirator mask, if necessary.
   • When risks are present, safety goggles are strongly recommended to provide a barrier to prevent potential exposure to any airborne microorganisms.
4. When processing a hazardous exhibit, first place brown paper on the surface that you will be placing the exhibit onto.
5. Transport exhibits in a cardboard box or plastic container to and from Court and the Evidence Department.
6. After use, dispose of any contaminated PPE’s (i.e., masks, brown paper, or gloves, etc.) by placing them in double bags labeled “High Toxic Substance” and placing them in the designated waste container for incineration.

What happens if the exhibit is not properly bagged?

As recommended by Assistant State Attorney Craig Williams, if a court administrator considers an exhibit not properly packaged, and/or as unsafe, immediately do the following:

1. Advise PBSO to address the court of their concerns.
2. Once approval is grantedby the judge/court that the packaging is to be rectified/ fixed, the State Attorney representative/counsel is to retrieve a plastic bag and properly repackage the exhibit.
3. The brown bag or any packaging that the exhibit or exhibits were inside of are to be folded and placed inside of the plastic bag.
4. The label / card is to be reattached to the plastic bag.

What to do in case of accidental exposure?

In case of exposure, refer to the Narcotic Safety Poster and Reference Card that are posted in the courtroom or Evidence Department and office (refer to attachments for more detail).

NOTE: All Palm Beach County Sheriff Deputies throughout the courthouse now carry naloxone on their person.  

Naloxone (Narcan) Availability and Resources:

The links below may serve as some additional resources of interest and these things may change over time as the availability is new this year:

• Florida Department of Health press release
• IsaveFl
• AED kit with Naloxone included

Interested Parties:

Chief Judge, Judiciary, Court Administration, State Attorney’s Office, Public Defender’s Office, Regional Conflict Council, Attorney General’s Office, Palm Beach County Sheriff’s Office, Arresting Law Enforcement Agencies, Private Attorneys, Courtroom Deputies, Clerk’s Office Courtroom Administrators / Clerks,  PBC Clerk & Comptroller’s Evidence Custodians, and Operations Managers and Directors, and Executive Office Members, and witnesses and jurors.

Education and Training:

These guidelines are not intended to establish procedures on proper handling/packaging of hazardous exhibits, and what is proper Personal Protective Equipment (PPE) at every agency.  Each agency must identify hazards to which their personnel may be exposed and provide appropriate training and PPE for protection. It is important for every agency to recognize potential levels of exposure and create guidelines and procedures accordingly.

All Courtroom Administrators and Evidence staff are to attend an educational training session designed to provide guidance on how to properly handle and package potentially hazardous exhibits. The training is coordinated and facilitated by the Clerk’s Office Evidence Department, and PBSO Evidence and Toxicology/Chemistry will be available to provide further insight on their day-to-day experiences and processes. Refer to the Clerk’s Office Evidence Guidelines Handbook for more detailed information regarding protocol for packaging and handling of hazardous items.

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