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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
revising the types of delivery systems a pharmacist 4
may order or use to dispense an emergency opioid 5
antagonist; creating s. 397.335, F.S.; establishing 6
the Statewide Council on Opioid Abatement within the 7
Department of Children and Families; providing for 8
purpose of the council; providing for membership, 9
organization and support, and duties of the council; 10
providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Paragraphs (b) and (c) of subsection (1) and 15
paragraphs (a) and (b) of subsection (3) of section 381.887, 16
Florida Statutes, are amended to read: 17
381.887 Emergency treatment for suspected opioid 18
overdose.— 19
(1) As used in this section, the term: 20
(b) "Authorized health care practitioner" means a licensed 21
practitioner authorized by the laws of this state to prescribe 22
or dispense drugs. 23
(c) "Caregiver" means a family member, friend, or person 24
in a position to have recurring contact with a person at risk of 25
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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
experiencing an opioid overdose. 26
(3)(a) An authorized health care practitioner may 27
prescribe and dispense an emergency opioid antagonist to, and a 28
pharmacist may order an emergency opioid antagonist with an 29
autoinjection delivery system , prefilled injection device 30
delivery system, or intranasal application delivery system for, 31
a patient or caregiver for u se in accordance with this section. 32
(b) A pharmacist may dispense an emergency opioid 33
antagonist pursuant to a prescription by an authorized health 34
care practitioner. A pharmacist may dispense an emergency opioid 35
antagonist with an autoinjection delivery system, prefilled 36
injection device delivery system, or intranasal application 37
delivery system, which must be appropriately labeled with 38
instructions for use, pursuant to a pharmacist's order or 39
pursuant to a nonpatient -specific standing order. 40
Section 2. Section 397.335, Florida Statutes, is created 41
to read: 42
397.335 Statewide Council on Opioid Abatement. — 43
(1) ESTABLISHMENT.-The Statewide Council on Opioid 44
Abatement, an advisory council as defined in s. 20.03, is 45
created within the department for th e purpose of enhancing the 46
development and coordination of state and local efforts to abate 47
the opioid epidemic and to support the victims and families of 48
the crisis. 49
(2) MEMBERSHIP.— 50
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(a) The council shall consist of the following members: 51
1. The Attorney General, or a designee, who shall serve as 52
chair. 53
2. The secretary of the department, or a designee, who 54
shall serve as vice chair. 55
3. One member appointed by the Governor. 56
4. One member appointed by the President of the Senate. 57
5. One member appointed by the Speaker of the House of 58
Representatives. 59
6. Two members appointed by the Florida League of Cities 60
who are commissioners or mayors of municipalities. One member 61
shall be from a municipality with a population of fewer than 62
50,000 people. 63
7. Two members appointed by or through the Florida 64
Association of Counties who are county commissioners or mayors. 65
One member shall be appointed from a county with a population of 66
fewer than 200,000 and one member shall be appointed from a 67
county with a population of more than 200,000. 68
8. One member appointed by the Florida Association of 69
Counties, a municipality mayor, or a commissioner appointed by 70
the Florida League of Cities who must alternate every 2 years 71
between being a county commissioner or a mayor. 72
(b) Each member shall serve a 2 -year term. Any vacancy 73
shall be filled in the same manner as the original appointment 74
for the remainder of the unexpired term. 75
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(c) A member may not receive a commission, fee, or 76
financial benefit in connection w ith serving on the council. 77
Council members may be reimbursed for per diem and travel 78
expenses in accordance with s. 112.061 by the state agency that 79
the member represents. If the member is not affiliated with a 80
state agency, the member shall be reimbursed by the Department 81
of Children and Families. 82
(3) ORGANIZATION AND SUPPORT. — 83
(a) The first meeting of the council must be held by 84
August 31, 2023. 85
(b) The council shall meet quarterly and upon the call of 86
the chair or two other members. Meetings of th e council may take 87
place in person or through electronic transmission using 88
communications media technology as described in s. 89
120.54(5)(b)2. 90
(c) A majority of the members of the council shall 91
constitute a quorum. 92
(d) The department and the Department of Legal Affairs 93
shall provide the council with staff necessary to assist the 94
council in the performance of its duties. 95
(e) The council may apply for and accept funds, grants, 96
gifts, and services from the state, the Federal Government, or 97
any of its agencies, or any other public or private source for 98
the purposes of defraying costs or performing its duties. 99
(f) All members shall adhere to all applicable general 100
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law, rules, and regulations, including, but not limited to, s. 101
112.311, concerning the disclo sure of conflicts of interest and 102
recusal from discussions or votes on conflicted matters. 103
(4) DUTIES.— 104
(a) The council shall advise the state and local 105
governments on resolving or abating the opioid epidemic and 106
review how settlement monies recovered from the opioid 107
litigation brought by the state and its subdivisions have been 108
spent and the results that have been achieved from those 109
expenditures. 110
(b) The council shall work with, provide, and receive 111
information from the Statewide Drug Policy Advisor y Council and 112
ensure that its recommendations and actions are consistent with 113
that council's recommendations to the extent possible. 114
(c) The council shall review data from local, state, and 115
national agencies: 116
1. Both on a regional and a statewide basis to advise the 117
state and local governments on the current status, severity, and 118
stage of the opioid epidemic. 119
2. Regarding how monies are being spent to abate the 120
opioid epidemic, the success of such programs, and the 121
appropriate metrics needed to assess the epidemic and progress 122
abating it. 123
(d) Each county, city, managing entity, or state agency 124
who receives settlement monies from an opioid settlement shall 125
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provide information to the council annually: 126
1. By July 30, 2023, and annually thereafter, rel ating to 127
how the county, city, managing entity, or agency intends to use 128
settlement funds and collect data regarding its use of funds. 129
2. By August 31, 2023, and annually thereafter, relating 130
to the expenditure of settlement moneys by that entity and the 131
results obtained from those expenditures. 132
(e) The council shall develop metrics, measures, or data 133
sets to assess the progress and success of programs funded by 134
expenditures of opioid settlement monies. In recommending 135
metrics, measures, or data sets, t he council shall keep its 136
recommended metrics, measures, or data sets consistent with the 137
metrics, measures, or data sets that the state uses with its 138
managing entities as well as any other metrics, measures, or 139
data sets required by the Substance Abuse an d Mental Health 140
Services Administration of the United States Department of 141
Health and Human Services in connection with any grants that the 142
state receives. In connection with such metrics, measures, or 143
data sets, the council may request, and each county, c ity, 144
managing entity, or state agency must provide, data or 145
information requested to conduct such analysis. 146
(f) The council with assistance and support of the 147
department shall provide a system of documentation and reporting 148
in accordance with the requirements of federal agencies and any 149
other agencies providing funding to the state, including 150
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auditing expenditures consistent with any requirements imposed 151
by the legislature. 152
(g) By December 1, 2023, and annually thereafter, the 153
council shall provide and publish an annual report. The report 154
shall contain information on how settlement moneys were spent 155
the previous fiscal year by the state, each of the managing 156
entities, and each of the counties and municipalities. The 157
report shall also contain recom mendations to the Governor, the 158
Legislature, and local governments for how moneys should be 159
prioritized and spent the coming fiscal year to respond to the 160
opioid epidemic. 161
(h) The report shall be posted on the websites of the 162
department and the Department of Legal Affairs. 163
Section 3. This act shall take effect July 1, 2023. 164