CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 1 of 10
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 opioid abatement; amending s. 2
381.887, F.S.; revising definitions; revising the 3
types of delivery systems a pharmacist may order or 4
use to dispense an emergency opioid antagonist; 5
creating s. 397.335, F.S.; establishing the Statewide 6
Council on Opioid Abatement within the Department of 7
Children and Families; providing the purpose of the 8
council; providing for membership, organization and 9
support, and duties of the council; creating s. 10
1004.0971, F.S.; providing definitions; requiring each 11
Florida College System institution and state 12
university to have a supply of emergency opioid 13
antagonists in certain residence halls or dormitory 14
residences; providing requirements for the placement 15
and accessibility of emergency opioid antagonists; 16
encouraging public and private partnerships to cover 17
the costs of such emergency opioid antagonists; 18
providing specified campus law enforcement and Florida 19
College System institutions and state universities 20
immunity from liability for the administration or 21
attempted administration of emergency opioid 22
antagonists under certain circumstances; requiring the 23
State Board of Education and the Board of Governors to 24
adopt rules and regulations, respectively, in 25
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 2 of 10
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
cooperation with the Department of Health; providing 26
an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Paragraphs (b) and (c) of subsection (1) and 31
paragraphs (a) and (b) of subsection (3) of section 381.887, 32
Florida Statutes, are amended to read: 33
381.887 Emergency treatment for suspected opioid 34
overdose.— 35
(1) As used in this section, the term: 36
(b) "Authorized health care practitioner" means a licensed 37
practitioner authorized by the laws of this state to prescribe 38
or dispense drugs. 39
(c) "Caregiver" means a fami ly member, friend, or person 40
in a position to have recurring contact with a person at risk of 41
experiencing an opioid overdose. 42
(3)(a) An authorized health care practitioner may 43
prescribe and dispense an emergency opioid antagonist to, and a 44
pharmacist may order an emergency opioid antagonist with an 45
autoinjection delivery system , a prefilled injection device 46
delivery system, or an intranasal application delivery system 47
for, a patient or caregiver for use in accordance with this 48
section. 49
(b) A pharmacist may dispense an emergency opioid 50
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 3 of 10
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
antagonist pursuant to a prescription by an authorized health 51
care practitioner. A pharmacist may dispense an emergency opioid 52
antagonist with an autoinjection delivery system , a prefilled 53
injection device delivery system, or an intranasal application 54
delivery system, which must be appropriately labeled with 55
instructions for use, pursuant to a pharmacist's order or 56
pursuant to a nonpatient -specific standing order. 57
Section 2. Section 397.335, Florida Statutes, is created 58
to read: 59
397.335 Statewide Council on Opioid Abatement. — 60
(1) ESTABLISHMENT.—The Statewide Council on Opioid 61
Abatement, an advisory council as defined in s. 20.03(7), is 62
created within the department for the purpose of enhancing the 63
development and coordination of state and local efforts to abate 64
the opioid epidemic and to support the victims and families of 65
the crisis. 66
(2) MEMBERSHIP.— 67
(a) Notwithstanding s. 20.052, the council shall be 68
composed of the following members: 69
1. The Attorney General, or his or her designee, who shall 70
serve as chair. 71
2. The secretary of the department, or his or her 72
designee, who shall serve as vice chair. 73
3. One member appointed by the Governor. 74
4. One member appointed by the President of the Senate. 75
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 4 of 10
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
5. One member appointed by the Speaker of the House of 76
Representatives. 77
6. Two members appointed by the Florida League of Cities 78
who are commissioners or mayors of municipalities. One member 79
shall be from a municipality with a population of fewer than 80
50,000 people. 81
7. Two members appointed by or through the Florida 82
Association of Counties who are county commissioners or mayors. 83
One member shall be appointed from a county with a population of 84
fewer than 200,000, and one member shall be appointed from a 85
county with a population of more than 200,000. 86
8. One member who is either a county commissioner or 87
county mayor appointed by the Florida Association of Counties or 88
who is a commissioner or mayor of a municipality appointed by 89
the Florida League of Cities. The Flo rida Association of 90
Counties shall appoint such member for the initial term, and 91
future appointments must alternate between a member appointed by 92
the Florida League of Cities and a member appointed by the 93
Florida Association of Counties. 94
(b) Each member shall serve a 2-year term. Any vacancy 95
shall be filled in the same manner as the original appointment 96
for the remainder of the unexpired term. 97
(c) A member may not receive a commission, fee, or 98
financial benefit in connection with serving on the council. 99
Council members may be reimbursed for per diem and travel 100
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 5 of 10
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
expenses in accordance with s. 112.061 by the state agency that 101
the member represents. If the member is not affiliated with a 102
state agency, the member shall be reimbursed by the department. 103
(3) ORGANIZATION AND SUPPORT. — 104
(a) The first meeting of the council must be held by 105
August 31, 2023. 106
(b) The council shall meet quarterly and upon the call of 107
the chair or two other members. Meetings of the council may take 108
place in person or through electr onic transmission using 109
communications media technology as described in s. 110
120.54(5)(b)2. 111
(c) A majority of the members of the council shall 112
constitute a quorum. 113
(d) The department and the Department of Legal Affairs 114
shall provide the council with staf f necessary to assist the 115
council in the performance of its duties. 116
(e) The council may apply for and accept funds, grants, 117
gifts, and services from the state, the Federal Government or 118
any of its agencies, or any other public or private source for 119
the purposes of defraying costs or performing its duties. 120
(f) All members shall adhere to all applicable general 121
law, rules, and regulations, including, but not limited to, s. 122
112.311, concerning the disclosure of conflicts of interest and 123
recusal from discussions or votes on conflicted matters. 124
(4) DUTIES.— 125
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 6 of 10
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) The council shall advise the state and local 126
governments on resolving or abating the opioid epidemic and 127
review how settlement moneys recovered from the opioid 128
litigation brought by the state and i ts subdivisions have been 129
spent and the results that have been achieved from those 130
expenditures. 131
(b) The council shall work with, provide information to, 132
and receive information from the Statewide Drug Policy Advisory 133
Council and ensure that its recommen dations and actions are 134
consistent with that council's recommendations to the extent 135
possible. 136
(c) The council shall review data from local, state, and 137
national agencies, both on a regional and a statewide basis, to 138
advise state and local governments on the status, severity, and 139
stage of the opioid epidemic. 140
(d) The council shall review data from local governments, 141
other states, and national agencies regarding how moneys are 142
being spent to abate the opioid epidemic, the success of such 143
programs, and the appropriate metrics needed to assess the 144
epidemic and progress in abating it. 145
(e) By June 30 of each year, each county, municipality, 146
managing entity, or state agency that receives settlement funds 147
from an opioid settlement shall provide information to the 148
council related to how it intends to use settlement funds and 149
how it intends to collect data regarding its use of funds. 150
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 7 of 10
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
(f) By August 31 of each year, each county, municipality, 151
managing entity, or state agency that receives settlement funds 152
from an opioid settlement must provide information to the 153
council related to its expenditure of settlement funds and the 154
results obtained from those expenditures. 155
(g) The council shall develop and recommend metrics, 156
measures, or datasets to assess the progress and success of 157
programs funded by expenditures of opioid settlement funds. The 158
council must attempt to keep such metrics, measures, or datasets 159
consistent with those used by the state with managing entities, 160
as well as any metrics, measures, or datasets re quired by the 161
Substance Abuse and Mental Health Services Administration of the 162
United States Department of Health and Human Services in 163
connection with any grants received by the state. Upon request 164
of the council, a county, municipality, managing entity, or 165
state agency must provide the council data or information 166
required to develop such metrics, measures, or datasets. 167
(h) The council, with assistance and support of the 168
department, shall provide a system of documentation and 169
reporting in accordance with the requirements of federal 170
agencies and any other agencies providing funding to the state, 171
including auditing expenditures consistent with any requirements 172
imposed by the Legislature. 173
(i) By December 1, 2023, and annually thereafter, the 174
council shall provide and publish an annual report. The report 175
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 8 of 10
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
shall contain information on how settlement moneys were spent 176
the previous fiscal year by the state, each of the managing 177
entities, and each of the counties and municipalities. The 178
report shall also contain recommendations to the Governor, the 179
Legislature, and local governments for how moneys should be 180
prioritized and spent the coming fiscal year to respond to the 181
opioid epidemic. 182
(j) The report shall be posted on the websites of the 183
department and the Depa rtment of Legal Affairs. 184
Section 3. Section 1004.0971, Florida Statutes, is created 185
to read: 186
1004.0971 Emergency opioid antagonists in Florida College 187
System institution and state university housing. — 188
(1) As used in this section, the term: 189
(a) "Administer" or "administration" means to introduce an 190
emergency opioid antagonist into the body of a person. 191
(b) "Emergency opioid antagonist" means naloxone 192
hydrochloride or any similarly acting drug that blocks the 193
effects of opioids administered from outside the body and that 194
is approved by the United States Food and Drug Administration 195
for the treatment of an opioid overdose. 196
(c) "Institution" means a Florida College System 197
institution or state university. 198
(2) Each institution must have a supply of emergency 199
opioid antagonists with an autoinjection or intranasal 200
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 9 of 10
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
application delivery system in each residence hall or dormitory 201
residence owned or operated by the institution for the 202
administration of emergency opioid antagonists to a person 203
believed to be experiencing an opioid overdose. 204
(3) Each institution must place the emergency opioid 205
antagonists in a clearly marked location within each residence 206
hall or dormitory residence. The emergency opioid antagonist 207
must be easily accessible to campus law enforcement officers who 208
are trained in the administration of emergency opioid 209
antagonists. 210
(4) Public and private partnerships are encouraged to 211
cover the cost associated with the purchase and placement of 212
such emergency opioid antagonists. 213
(5) Notwithstanding any other provision of law to the 214
contrary, any campus law enforcement officer trained in the 215
administration of emergency opioid antagonists who administers 216
or attempts to administer an emergency opioid antagonist in 217
compliance with ss. 381.887 and 768.13, and the institution that 218
employs such officer, are immune from civil or criminal 219
liability as a result of such administration or attempted 220
administration of an emergency opioid antagonist. 221
(6) The State Board of Education and the Board of 222
Governors shall adopt rules and regulations, respectively, to 223
administer this section in cooperation with the Department of 224
Health. 225
CS/CS/HB 783, Engrossed 2 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0783-04-e2
Page 10 of 10
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
Section 4. This act shall take effect July 1, 2023. 226