FL
Florida House Bill H0783

Florida 2023 Regular Session

Florida House Bill H0783 Compare Versions

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1010 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
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14- 1
15-An act relating to opioid abatement; amending s. 2
16-381.887, F.S.; revising definitions; revising the 3
17-types of delivery systems a pharmacist may order or 4
18-use to dispense an emergency opioid antagonist; 5
19-creating s. 397.335, F.S.; establishing the Statewide 6
20-Council on Opioid Abatement within the Department of 7
21-Children and Families; providing the purpose of the 8
22-council; providing for membership, organization a nd 9
23-support, and duties of the council; creating s. 10
24-1004.0971, F.S.; providing definitions; requiring each 11
25-Florida College System institution and state 12
26-university to have a supply of emergency opioid 13
27-antagonists in certain residence halls or dormitory 14
28-residences; providing requirements for the placement 15
29-and accessibility of emergency opioid antagonists; 16
30-encouraging public and private partnerships to cover 17
31-the costs of such emergency opioid antagonists; 18
32-providing specified campus law enforcement and Florida 19
33-College System institutions and state universities 20
34-immunity from liability for the administration or 21
35-attempted administration of emergency opioid 22
36-antagonists under certain circumstances; requiring the 23
37-State Board of Education and the Board of Governors to 24
38-adopt rules and regulations, respectively, in 25
39-ENROLLED
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14+A bill to be entitled 1
15+An act relating to emergency opioid antagonists; 2
16+amending s. 381.887, F.S.; revising definitions; 3
17+revising the types of delivery systems a pharmacist 4
18+may order or use to dispense an emergency opioid 5
19+antagonist; creating s. 397.335, F.S.; establishing 6
20+the Statewide Council on Opioid Abatement within the 7
21+Department of Children and Families; providing for 8
22+purpose of the council; providing for membership, 9
23+organization and support, and duties of the council; 10
24+providing an effective date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
27+ 14
28+ Section 1. Paragraphs (b) and (c) of subsection (1) and 15
29+paragraphs (a) and (b) of subsection (3) of section 381.887, 16
30+Florida Statutes, are amended to read: 17
31+ 381.887 Emergency treatment for suspected opioid 18
32+overdose.— 19
33+ (1) As used in this section, the term: 20
34+ (b) "Authorized health care practitioner" means a licensed 21
35+practitioner authorized by the laws of this state to prescribe 22
36+or dispense drugs. 23
37+ (c) "Caregiver" means a family member, friend, or person 24
38+in a position to have recurring contact with a person at risk of 25
39+
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4747 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
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51-cooperation with the Department of Health; providing 26
52-an effective date. 27
53- 28
54-Be It Enacted by the Legislature of the State of Florida: 29
55- 30
56- Section 1. Paragraphs (b) and (c) of subsection (1) and 31
57-paragraphs (a) and (b) of subsection (3) of section 381.887, 32
58-Florida Statutes, are amended to read: 33
59- 381.887 Emergency treatment for suspected opioid 34
60-overdose.— 35
61- (1) As used in this section, the term: 36
62- (b) "Authorized health care practitioner" means a licensed 37
63-practitioner authorized by the laws of this state to prescribe 38
64-or dispense drugs. 39
65- (c) "Caregiver" means a family member, friend, or person 40
66-in a position to have recurring contact with a person at risk of 41
67-experiencing an opioid overdose. 42
68- (3)(a) An authorized h ealth care practitioner may 43
69-prescribe and dispense an emergency opioid antagonist to, and a 44
70-pharmacist may order an emergency opioid antagonist with an 45
71-autoinjection delivery system , a prefilled injection device 46
72-delivery system, or an intranasal applicatio n delivery system 47
73-for, a patient or caregiver for use in accordance with this 48
74-section. 49
75- (b) A pharmacist may dispense an emergency opioid 50
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51+experiencing an opioid overdose. 26
52+ (3)(a) An authorized health care practitioner may 27
53+prescribe and dispense an emergency opioid antagonist to, and a 28
54+pharmacist may order an emergency opioid antagonist with an 29
55+autoinjection delivery system , prefilled injection device 30
56+delivery system, or intranasal application delivery system for, 31
57+a patient or caregiver for u se in accordance with this section. 32
58+ (b) A pharmacist may dispense an emergency opioid 33
59+antagonist pursuant to a prescription by an authorized health 34
60+care practitioner. A pharmacist may dispense an emergency opioid 35
61+antagonist with an autoinjection delivery system, prefilled 36
62+injection device delivery system, or intranasal application 37
63+delivery system, which must be appropriately labeled with 38
64+instructions for use, pursuant to a pharmacist's order or 39
65+pursuant to a nonpatient -specific standing order. 40
66+ Section 2. Section 397.335, Florida Statutes, is created 41
67+to read: 42
68+ 397.335 Statewide Council on Opioid Abatement. — 43
69+ (1) ESTABLISHMENT.-The Statewide Council on Opioid 44
70+Abatement, an advisory council as defined in s. 20.03, is 45
71+created within the department for th e purpose of enhancing the 46
72+development and coordination of state and local efforts to abate 47
73+the opioid epidemic and to support the victims and families of 48
74+the crisis. 49
75+ (2) MEMBERSHIP.— 50
76+
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8484 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
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88-antagonist pursuant to a prescription by an authorized health 51
89-care practitioner. A pharmacist may dispense an emergen cy opioid 52
90-antagonist with an autoinjection delivery system , a prefilled 53
91-injection device delivery system, or an intranasal application 54
92-delivery system, which must be appropriately labeled with 55
93-instructions for use, pursuant to a pharmacist's order or 56
94-pursuant to a nonpatient-specific standing order. 57
95- Section 2. Section 397.335, Florida Statutes, is created 58
96-to read: 59
97- 397.335 Statewide Council on Opioid Abatement. — 60
98- (1) ESTABLISHMENT.—The Statewide Council on Opioid 61
99-Abatement, an advisory council as defi ned in s. 20.03(7), is 62
100-created within the department for the purpose of enhancing the 63
101-development and coordination of state and local efforts to abate 64
102-the opioid epidemic and to support the victims and families of 65
103-the crisis. 66
104- (2) MEMBERSHIP.— 67
105- (a) Notwithstanding s. 20.052, the council shall be 68
106-composed of the following members: 69
107- 1. The Attorney General, or his or her designee, who shall 70
108-serve as chair. 71
109- 2. The secretary of the department, or his or her 72
110-designee, who shall serve as vice chair. 73
111- 3. One member appointed by the Governor. 74
112- 4. One member appointed by the President of the Senate. 75
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88+ (a) The council shall consist of the following members: 51
89+ 1. The Attorney General, or a designee, who shall serve as 52
90+chair. 53
91+ 2. The secretary of the department, or a designee, who 54
92+shall serve as vice chair. 55
93+ 3. One member appointed by the Governor. 56
94+ 4. One member appointed by the President of the Senate. 57
95+ 5. One member appointed by the Speaker of the House of 58
96+Representatives. 59
97+ 6. Two members appointed by the Florida League of Cities 60
98+who are commissioners or mayors of municipalities. One member 61
99+shall be from a municipality with a population of fewer than 62
100+50,000 people. 63
101+ 7. Two members appointed by or through the Florida 64
102+Association of Counties who are county commissioners or mayors. 65
103+One member shall be appointed from a county with a population of 66
104+fewer than 200,000 and one member shall be appointed from a 67
105+county with a population of more than 200,000. 68
106+ 8. One member appointed by the Florida Association of 69
107+Counties, a municipality mayor, or a commissioner appointed by 70
108+the Florida League of Cities who must alternate every 2 years 71
109+between being a county commissioner or a mayor. 72
110+ (b) Each member shall serve a 2 -year term. Any vacancy 73
111+shall be filled in the same manner as the original appointment 74
112+for the remainder of the unexpired term. 75
113+
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121121 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
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125- 5. One member appointed by the Speaker of the House of 76
126-Representatives. 77
127- 6. Two members appointed by the Florida League of Cities 78
128-who are commissioners or mayor s of municipalities. One member 79
129-shall be from a municipality with a population of fewer than 80
130-50,000 people. 81
131- 7. Two members appointed by or through the Florida 82
132-Association of Counties who are county commissioners or mayors. 83
133-One member shall be appointed f rom a county with a population of 84
134-fewer than 200,000, and one member shall be appointed from a 85
135-county with a population of more than 200,000. 86
136- 8. One member who is either a county commissioner or 87
137-county mayor appointed by the Florida Association of Counti es or 88
138-who is a commissioner or mayor of a municipality appointed by 89
139-the Florida League of Cities. The Florida Association of 90
140-Counties shall appoint such member for the initial term, and 91
141-future appointments must alternate between a member appointed by 92
142-the Florida League of Cities and a member appointed by the 93
143-Florida Association of Counties. 94
144- (b) Each member shall serve a 2 -year term. Any vacancy 95
145-shall be filled in the same manner as the original appointment 96
146-for the remainder of the unexpired term. 97
147- (c) A member may not receive a commission, fee, or 98
148-financial benefit in connection with serving on the council. 99
149-Council members may be reimbursed for per diem and travel 100
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125+ (c) A member may not receive a commission, fee, or 76
126+financial benefit in connection w ith serving on the council. 77
127+Council members may be reimbursed for per diem and travel 78
128+expenses in accordance with s. 112.061 by the state agency that 79
129+the member represents. If the member is not affiliated with a 80
130+state agency, the member shall be reimbursed by the Department 81
131+of Children and Families. 82
132+ (3) ORGANIZATION AND SUPPORT. — 83
133+ (a) The first meeting of the council must be held by 84
134+August 31, 2023. 85
135+ (b) The council shall meet quarterly and upon the call of 86
136+the chair or two other members. Meetings of th e council may take 87
137+place in person or through electronic transmission using 88
138+communications media technology as described in s. 89
139+120.54(5)(b)2. 90
140+ (c) A majority of the members of the council shall 91
141+constitute a quorum. 92
142+ (d) The department and the Department of Legal Affairs 93
143+shall provide the council with staff necessary to assist the 94
144+council in the performance of its duties. 95
145+ (e) The council may apply for and accept funds, grants, 96
146+gifts, and services from the state, the Federal Government, or 97
147+any of its agencies, or any other public or private source for 98
148+the purposes of defraying costs or performing its duties. 99
149+ (f) All members shall adhere to all applicable general 100
150+
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158158 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
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162-expenses in accordance with s. 112.061 by the state agency that 101
163-the member represents. If th e member is not affiliated with a 102
164-state agency, the member shall be reimbursed by the department. 103
165- (3) ORGANIZATION AND SUPPORT. — 104
166- (a) The first meeting of the council must be held by 105
167-August 31, 2023. 106
168- (b) The council shall meet quarterly and upon the c all of 107
169-the chair or two other members. Meetings of the council may take 108
170-place in person or through electronic transmission using 109
171-communications media technology as described in s. 110
172-120.54(5)(b)2. 111
173- (c) A majority of the members of the council shall 112
174-constitute a quorum. 113
175- (d) The department and the Department of Legal Affairs 114
176-shall provide the council with staff necessary to assist the 115
177-council in the performance of its duties. 116
178- (e) The council may apply for and accept funds, grants, 117
179-gifts, and services from the state, the Federal Government or 118
180-any of its agencies, or any other public or private source for 119
181-the purposes of defraying costs or performing its duties. 120
182- (f) All members shall adhere to all applicable general 121
183-law, rules, and regulations, including, b ut not limited to, s. 122
184-112.311, concerning the disclosure of conflicts of interest and 123
185-recusal from discussions or votes on conflicted matters. 124
186- (4) DUTIES.— 125
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162+law, rules, and regulations, including, but not limited to, s. 101
163+112.311, concerning the disclo sure of conflicts of interest and 102
164+recusal from discussions or votes on conflicted matters. 103
165+ (4) DUTIES.— 104
166+ (a) The council shall advise the state and local 105
167+governments on resolving or abating the opioid epidemic and 106
168+review how settlement monies recovered from the opioid 107
169+litigation brought by the state and its subdivisions have been 108
170+spent and the results that have been achieved from those 109
171+expenditures. 110
172+ (b) The council shall work with, provide, and receive 111
173+information from the Statewide Drug Policy Advisor y Council and 112
174+ensure that its recommendations and actions are consistent with 113
175+that council's recommendations to the extent possible. 114
176+ (c) The council shall review data from local, state, and 115
177+national agencies: 116
178+ 1. Both on a regional and a statewide basis to advise the 117
179+state and local governments on the current status, severity, and 118
180+stage of the opioid epidemic. 119
181+ 2. Regarding how monies are being spent to abate the 120
182+opioid epidemic, the success of such programs, and the 121
183+appropriate metrics needed to assess the epidemic and progress 122
184+abating it. 123
185+ (d) Each county, city, managing entity, or state agency 124
186+who receives settlement monies from an opioid settlement shall 125
187+
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195195 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
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199- (a) The council shall advise the state and local 126
200-governments on resolving or abating the opioid epidemic and 127
201-review how settlement moneys recovered from the opioid 128
202-litigation brought by the state and its subdivisions have been 129
203-spent and the results that have been achieved from those 130
204-expenditures. 131
205- (b) The council shall work with, provide information to, 132
206-and receive information from the Statewide Drug Policy Advisory 133
207-Council and ensure that its recommendations and actions are 134
208-consistent with that council's recommendations to the extent 135
209-possible. 136
210- (c) The council shall review data from local, state, a nd 137
211-national agencies, both on a regional and a statewide basis, to 138
212-advise state and local governments on the status, severity, and 139
213-stage of the opioid epidemic. 140
214- (d) The council shall review data from local governments, 141
215-other states, and national agencies regarding how moneys are 142
216-being spent to abate the opioid epidemic, the success of such 143
217-programs, and the appropriate metrics needed to assess the 144
218-epidemic and progress in abating it. 145
219- (e) By June 30 of each year, each county, municipality, 146
220-managing entity, or state agency that receives settlement funds 147
221-from an opioid settlement shall provide information to the 148
222-council related to how it intends to use settlement funds and 149
223-how it intends to collect data regarding its use of funds. 150
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199+provide information to the council annually: 126
200+ 1. By July 30, 2023, and annually thereafter, rel ating to 127
201+how the county, city, managing entity, or agency intends to use 128
202+settlement funds and collect data regarding its use of funds. 129
203+ 2. By August 31, 2023, and annually thereafter, relating 130
204+to the expenditure of settlement moneys by that entity and the 131
205+results obtained from those expenditures. 132
206+ (e) The council shall develop metrics, measures, or data 133
207+sets to assess the progress and success of programs funded by 134
208+expenditures of opioid settlement monies. In recommending 135
209+metrics, measures, or data sets, t he council shall keep its 136
210+recommended metrics, measures, or data sets consistent with the 137
211+metrics, measures, or data sets that the state uses with its 138
212+managing entities as well as any other metrics, measures, or 139
213+data sets required by the Substance Abuse an d Mental Health 140
214+Services Administration of the United States Department of 141
215+Health and Human Services in connection with any grants that the 142
216+state receives. In connection with such metrics, measures, or 143
217+data sets, the council may request, and each county, c ity, 144
218+managing entity, or state agency must provide, data or 145
219+information requested to conduct such analysis. 146
220+ (f) The council with assistance and support of the 147
221+department shall provide a system of documentation and reporting 148
222+in accordance with the requirements of federal agencies and any 149
223+other agencies providing funding to the state, including 150
224+
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232232 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
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236- (f) By August 31 of each year, each county, municipality, 151
237-managing entity, or state agency that receives settlement funds 152
238-from an opioid settlement must provide information to the 153
239-council related to its expenditure of settlement funds and the 154
240-results obtained from t hose expenditures. 155
241- (g) The council shall develop and recommend metrics, 156
242-measures, or datasets to assess the progress and success of 157
243-programs funded by expenditures of opioid settlement funds. The 158
244-council must attempt to keep such metrics, measures, or da tasets 159
245-consistent with those used by the state with managing entities, 160
246-as well as any metrics, measures, or datasets required by the 161
247-Substance Abuse and Mental Health Services Administration of the 162
248-United States Department of Health and Human Services in 163
249-connection with any grants received by the state. Upon request 164
250-of the council, a county, municipality, managing entity, or 165
251-state agency must provide the council data or information 166
252-required to develop such metrics, measures, or datasets. 167
253- (h) The council, with assistance and support of the 168
254-department, shall provide a system of documentation and 169
255-reporting in accordance with the requirements of federal 170
256-agencies and any other agencies providing funding to the state, 171
257-including auditing expenditures consistent w ith any requirements 172
258-imposed by the Legislature. 173
259- (i) By December 1, 2023, and annually thereafter, the 174
260-council shall provide and publish an annual report. The report 175
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269-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
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273-shall contain information on how settlement moneys were spent 176
274-the previous fiscal year b y the state, each of the managing 177
275-entities, and each of the counties and municipalities. The 178
276-report shall also contain recommendations to the Governor, the 179
277-Legislature, and local governments for how moneys should be 180
278-prioritized and spent the coming fiscal year to respond to the 181
279-opioid epidemic. 182
280- (j) The report shall be posted on the websites of the 183
281-department and the Department of Legal Affairs. 184
282- Section 3. Section 1004.0971, Florida Statutes, is created 185
283-to read: 186
284- 1004.0971 Emergency opioid antagonists in Florida College 187
285-System institution and state university housing. — 188
286- (1) As used in this section, the term: 189
287- (a) "Administer" or "administration" means to introduce an 190
288-emergency opioid antagonist into the body of a person. 191
289- (b) "Emergency opioid antagonist" means naloxone 192
290-hydrochloride or any similarly acting drug that blocks the 193
291-effects of opioids administered from outside the body and that 194
292-is approved by the United States Food and Drug Administration 195
293-for the treatment of an opioid overdose. 196
294- (c) "Institution" means a Florida College System 197
295-institution or state university. 198
296- (2) Each institution must have a supply of emergency 199
297-opioid antagonists with an autoinjection or intranasal 200
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306-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
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310-application delivery system in e ach residence hall or dormitory 201
311-residence owned or operated by the institution for the 202
312-administration of emergency opioid antagonists to a person 203
313-believed to be experiencing an opioid overdose. 204
314- (3) Each institution must place the emergency opioid 205
315-antagonists in a clearly marked location within each residence 206
316-hall or dormitory residence. The emergency opioid antagonist 207
317-must be easily accessible to campus law enforcement officers who 208
318-are trained in the administration of emergency opioid 209
319-antagonists. 210
320- (4) Public and private partnerships are encouraged to 211
321-cover the cost associated with the purchase and placement of 212
322-such emergency opioid antagonists. 213
323- (5) Notwithstanding any other provision of law to the 214
324-contrary, any campus law enforcement officer trained in the 215
325-administration of emergency opioid antagonists who administers 216
326-or attempts to administer an emergency opioid antagonist in 217
327-compliance with ss. 381.887 and 768.13, and the institution that 218
328-employs such officer, are immune from civil or criminal 219
329-liability as a result of such administration or attempted 220
330-administration of an emergency opioid antagonist. 221
331- (6) The State Board of Education and the Board of 222
332-Governors shall adopt rules and regulations, respectively, to 223
333-administer this section in cooperation wi th the Department of 224
334-Health. 225
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343-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
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347- Section 4. This act shall take effect July 1, 2023. 226
236+auditing expenditures consistent with any requirements imposed 151
237+by the legislature. 152
238+ (g) By December 1, 2023, and annually thereafter, the 153
239+council shall provide and publish an annual report. The report 154
240+shall contain information on how settlement moneys were spent 155
241+the previous fiscal year by the state, each of the managing 156
242+entities, and each of the counties and municipalities. The 157
243+report shall also contain recom mendations to the Governor, the 158
244+Legislature, and local governments for how moneys should be 159
245+prioritized and spent the coming fiscal year to respond to the 160
246+opioid epidemic. 161
247+ (h) The report shall be posted on the websites of the 162
248+department and the Department of Legal Affairs. 163
249+ Section 3. This act shall take effect July 1, 2023. 164