Florida Senate - 2023                   (PROPOSED BILL) SPB 7032
       
       
        
       FOR CONSIDERATION By the Appropriations Committee on Health and
       Human Services
       
       
       
       
       603-02491A-23                                         20237032pb
    1                        A bill to be entitled                      
    2         An act relating to trust funds; amending s. 20.435,
    3         F.S.; creating the State Opioid Settlement Trust Fund
    4         within the Department of Health; providing the purpose
    5         of the trust fund; specifying the funding source for
    6         the trust fund; providing for the reversion of certain
    7         funds to the Department of Financial Services Opioid
    8         Settlement Clearing Trust Fund; providing for future
    9         review and termination or re-creation of the trust
   10         fund; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (19) is added to section 20.435,
   15  Florida Statutes, to read:
   16         20.435 Department of Health; trust funds.—The following
   17  trust funds shall be administered by the Department of Health:
   18         (19) State Opioid Settlement Trust Fund.—
   19         (a) The State Opioid Settlement Trust Fund is created
   20  within the Department of Health. The purpose of the trust fund
   21  is to abate the opioid epidemic in accordance with the
   22  settlement agreements reached by the state in opioid-related
   23  litigation or bankruptcy proceedings.
   24         (b) The Department of Financial Services shall annually
   25  transfer, by nonoperating transfer, the amount specified in the
   26  General Appropriations Act from its Opioid Settlement Clearing
   27  Trust Fund to the department’s State Opioid Settlement Trust
   28  Fund.
   29         (c) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   30  any unencumbered balance in the trust fund at the end of any
   31  fiscal year and any encumbered balance remaining undisbursed on
   32  September 30 of the same calendar year shall revert to the
   33  Department of Financial Services Opioid Settlement Clearing
   34  Trust Fund.
   35         (d) In accordance with s. 19(f)(2), Art. III of the State
   36  Constitution, the State Opioid Settlement Trust Fund shall be
   37  terminated on July 1, 2027, unless terminated sooner. Before its
   38  scheduled termination, the trust fund shall be reviewed as
   39  provided in s. 215.3206(1) and (2).
   40         Section 2. This act shall take effect July 1, 2023.