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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to emergency opioid antagonists; 2
amending s. 381.887, F.S.; revising definitions; 3
creating s. 397.335, F.S.; establishing the Statewide 4
Council on Opioid Abatement within the Department of 5
Children and Families; providing for purpose of the 6
council; providing for membership, organization and 7
support, and duties of the council; providing an 8
effective date. 9
10
Be It Enacted by the Legislat ure of the State of Florida: 11
12
Section 1. Paragraphs (b) and (c) of subsection (1) of 13
section 381.887, Florida Statutes, are amended to read: 14
381.887 Emergency treatment for suspected opioid 15
overdose.— 16
(1) As used in this section, the term: 17
(b) "Authorized health care practitioner" means a licensed 18
practitioner authorized by the laws of this state to prescribe 19
or dispense drugs. 20
(c) "Caregiver" means a family member, friend, or person 21
in a position to have recurring contact with a person at risk of 22
experiencing an opioid overdose. 23
Section 2. Section 397.335, Florida Statutes, is created 24
to read: 25
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397.335 Statewide Council on Opioid Abatement. — 26
(1) ESTABLISHMENT.-The Statewide Council on Opioid 27
Abatement, an advisory council as defined in s. 20.03, is 28
created within the department for the purpose of enhancing the 29
development and coordination of state and local efforts to abate 30
the opioid epidemic and to support the victims and families of 31
the crisis. 32
(2) MEMBERSHIP.— 33
(a) The council shall consist of the following members: 34
1. The Attorney General, or a designee, who shall serve as 35
chair. 36
2. The secretary of the department, or a designee, who 37
shall serve as vice chair. 38
3. One member appointed by the Governor. 39
4. One member appointed by the President of the Senate. 40
5. One member appointed by the Speaker of the House of 41
Representatives. 42
6. Two members appointed by the Florida League of Cities 43
who are commissioners or mayors of municipalities. One member 44
shall be from a municipality with a population of fewer than 45
50,000 people. 46
7. Two members appointed by or through the Florida 47
Association of Counties who are county commissioners or mayors. 48
One member shall be appointed from a county with a population of 49
fewer than 200,000 and one member shall be appointed from a 50
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county with a population of more than 200,000. 51
8. One member appointed by the Florida Association of 52
Counties, a municipality mayor, or a commissioner appointed by 53
the Florida League of Cities who must alternate every 2 y ears 54
between being a county commissioner or a mayor. 55
(b) Each member shall serve a 2 -year term. Any vacancy 56
shall be filled in the same manner as the original appointment 57
for the remainder of the unexpired term. 58
(c) A member may not receive a commissio n, fee, or 59
financial benefit in connection with serving on the council. 60
Council members may be reimbursed for per diem and travel 61
expenses in accordance with s. 112.061 by the state agency that 62
the member represents. If the member is not affiliated with a 63
state agency, the member shall be reimbursed by the Department 64
of Children and Families. 65
(3) ORGANIZATION AND SUPPORT. — 66
(a) The first meeting of the council must be held by 67
August 31, 2023. 68
(b) The council shall meet quarterly and upon the call of 69
the chair or two other members. Meetings of the council may take 70
place in person or through electronic transmission using 71
communications media technology as described in s. 72
120.54(5)(b)2. 73
(c) A majority of the members of the council shall 74
constitute a quorum. 75
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(d) The department and the Department of Legal Affairs 76
shall provide the council with staff necessary to assist the 77
council in the performance of its duties. 78
(e) The council may apply for and accept funds, grants, 79
gifts, and services from the state , the Federal Government, or 80
any of its agencies, or any other public or private source for 81
the purposes of defraying costs or performing its duties. 82
(f) All members shall adhere to all applicable general 83
law, rules, and regulations, including, but not l imited to, s. 84
112.311, concerning the disclosure of conflicts of interest and 85
recusal from discussions or votes on conflicted matters. 86
(4) DUTIES.— 87
(a) The council shall advise the state and local 88
governments on resolving or abating the opioid epidemic and 89
review how settlement monies recovered from the opioid 90
litigation brought by the state and its subdivisions have been 91
spent and the results that have been achieved from those 92
expenditures. 93
(b) The council shall work with, provide, and receive 94
information from the Statewide Drug Policy Advisory Council and 95
ensure that its recommendations and actions are consistent with 96
that council's recommendations to the extent possible. 97
(c) The council shall review data from local, state, and 98
national agencies: 99
1. Both on a regional and a statewide basis to advise the 100
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state and local governments on the current status, severity, and 101
stage of the opioid epidemic. 102
2. Regarding how monies are being spent to abate the 103
opioid epidemic, the success of such programs, and the 104
appropriate metrics needed to assess the epidemic and progress 105
abating it. 106
(d) Each county, city, managing entity, or state agency 107
who receives settlement monies from an opioid settlement shall 108
provide information to the council annually: 109
1. By July 30, 2023, and annually thereafter, relating to 110
how the county, city, managing entity, or agency intends to use 111
settlement funds and collect data regarding its use of funds. 112
2. By August 31, 2023, and annually thereafter, relating 113
to the expenditure of settlement moneys by that entity and the 114
results obtained from those expenditures. 115
(e) The council shall develop metrics, measures, or data 116
sets to assess the progress and success of programs funded by 117
expenditures of opioid settlement monies. In rec ommending 118
metrics, measures, or data sets, the council shall keep its 119
recommended metrics, measures, or data sets consistent with the 120
metrics, measures, or data sets that the state uses with its 121
managing entities as well as any other metrics, measures, or 122
data sets required by the Substance Abuse and Mental Health 123
Services Administration of the United States Department of 124
Health and Human Services in connection with any grants that the 125
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state receives. In connection with such metrics, measures, or 126
data sets, the council may request, and each county, city, 127
managing entity, or state agency must provide, data or 128
information requested to conduct such analysis. 129
(f) In the event that a county, city, managing entity, or 130
agency fails to provide requested data or in formation, the 131
council or the Department of Legal Affairs, acting on behalf of 132
the council, shall have the ability to seek such data through 133
civil investigative demand, subpoena, or by commencing an action 134
seeking the turnover of such data. 135
(g) The council with assistance and support of the 136
department shall provide a system of documentation and reporting 137
in accordance with the requirements of federal agencies and any 138
other agencies providing funding to the state, including 139
auditing expenditures consistent with any requirements imposed 140
by the legislature. 141
(h) By December 1, 2023, and annually thereafter, the 142
council shall provide and publish an annual report. The report 143
shall contain information on how settlement moneys were spent 144
the previous fiscal year by the state, each of the managing 145
entities, and each of the counties and municipalities. The 146
report shall also contain recommendations to the Governor, the 147
Legislature, and local governments for how moneys should be 148
prioritized and spent the coming fisca l year to respond to the 149
opioid epidemic. 150
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(i) The report shall be posted on the websites of the 151
department and the Department of Legal Affairs. 152
Section 3. This act shall take effect July 1, 2023. 153