Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 783, 1st Eng.
       
       
       
       
       
       
                                Ì542946DÎ542946                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             05/02/2023 12:32 PM       .      05/03/2023 06:37 PM       
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       Senator Boyd moved the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraphs (b) and (c) of subsection (1) and
    7  paragraphs (a) and (b) of subsection (3) of section 381.887,
    8  Florida Statutes, are amended to read:
    9         381.887 Emergency treatment for suspected opioid overdose.—
   10         (1) As used in this section, the term:
   11         (b) “Authorized health care practitioner” means a licensed
   12  practitioner authorized by the laws of this state to prescribe
   13  or dispense drugs.
   14         (c) “Caregiver” means a family member, friend, or person in
   15  a position to have recurring contact with a person at risk of
   16  experiencing an opioid overdose.
   17         (3)(a) An authorized health care practitioner may prescribe
   18  and dispense an emergency opioid antagonist to, and a pharmacist
   19  may order an emergency opioid antagonist with an autoinjection
   20  delivery system, a prefilled injection device delivery system,
   21  or an intranasal application delivery system for, a patient or
   22  caregiver for use in accordance with this section.
   23         (b) A pharmacist may dispense an emergency opioid
   24  antagonist pursuant to a prescription by an authorized health
   25  care practitioner. A pharmacist may dispense an emergency opioid
   26  antagonist with an autoinjection delivery system, a prefilled
   27  injection device delivery system, or an intranasal application
   28  delivery system, which must be appropriately labeled with
   29  instructions for use, pursuant to a pharmacist’s order or
   30  pursuant to a nonpatient-specific standing order.
   31         Section 2. Section 397.335, Florida Statutes, is created to
   32  read:
   33         397.335Statewide Council on Opioid Abatement.—
   34         (1)ESTABLISHMENT.—The Statewide Council on Opioid
   35  Abatement, an advisory council as defined in s. 20.03(7), is
   36  created within the department for the purpose of enhancing the
   37  development and coordination of state and local efforts to abate
   38  the opioid epidemic and to support the victims and families of
   39  the crisis.
   40         (2)MEMBERSHIP.—
   41         (a)Notwithstanding s. 20.052, the council shall be
   42  composed of the following members:
   43         1.The Attorney General, or his or her designee, who shall
   44  serve as chair.
   45         2.The secretary of the department, or his or her designee,
   46  who shall serve as vice chair.
   47         3.One member appointed by the Governor.
   48         4.One member appointed by the President of the Senate.
   49         5.One member appointed by the Speaker of the House of
   50  Representatives.
   51         6.Two members appointed by the Florida League of Cities
   52  who are commissioners or mayors of municipalities. One member
   53  shall be from a municipality with a population of fewer than
   54  50,000 people.
   55         7.Two members appointed by or through the Florida
   56  Association of Counties who are county commissioners or mayors.
   57  One member shall be appointed from a county with a population of
   58  fewer than 200,000, and one member shall be appointed from a
   59  county with a population of more than 200,000.
   60         8.One member who is either a county commissioner or county
   61  mayor appointed by the Florida Association of Counties or who is
   62  a commissioner or mayor of a municipality appointed by the
   63  Florida League of Cities. The Florida Association of Counties
   64  shall appoint such member for the initial term, and future
   65  appointments must alternate between a member appointed by the
   66  Florida League of Cities and a member appointed by the Florida
   67  Association of Counties.
   68         (b)Each member shall serve a 2-year term. Any vacancy
   69  shall be filled in the same manner as the original appointment
   70  for the remainder of the unexpired term.
   71         (c)A member may not receive a commission, fee, or
   72  financial benefit in connection with serving on the council.
   73  Council members may be reimbursed for per diem and travel
   74  expenses in accordance with s. 112.061 by the state agency that
   75  the member represents. If the member is not affiliated with a
   76  state agency, the member shall be reimbursed by the department.
   77         (3)ORGANIZATION AND SUPPORT.—
   78         (a)The first meeting of the council must be held by August
   79  31, 2023.
   80         (b)The council shall meet quarterly and upon the call of
   81  the chair or two other members. Meetings of the council may take
   82  place in person or through electronic transmission using
   83  communications media technology as described in s.
   84  120.54(5)(b)2.
   85         (c)A majority of the members of the council shall
   86  constitute a quorum.
   87         (d)The department and the Department of Legal Affairs
   88  shall provide the council with staff necessary to assist the
   89  council in the performance of its duties.
   90         (e)The council may apply for and accept funds, grants,
   91  gifts, and services from the state, the Federal Government or
   92  any of its agencies, or any other public or private source for
   93  the purposes of defraying costs or performing its duties.
   94         (f)All members shall adhere to all applicable general law,
   95  rules, and regulations, including, but not limited to, s.
   96  112.311, concerning the disclosure of conflicts of interest and
   97  recusal from discussions or votes on conflicted matters.
   98         (4)DUTIES.—
   99         (a)The council shall advise the state and local
  100  governments on resolving or abating the opioid epidemic and
  101  review how settlement moneys recovered from the opioid
  102  litigation brought by the state and its subdivisions have been
  103  spent and the results that have been achieved from those
  104  expenditures.
  105         (b)The council shall work with, provide information to,
  106  and receive information from the Statewide Drug Policy Advisory
  107  Council and ensure that its recommendations and actions are
  108  consistent with that council’s recommendations to the extent
  109  possible.
  110         (c)The council shall review data from local, state, and
  111  national agencies, both on a regional and a statewide basis, to
  112  advise state and local governments on the status, severity, and
  113  stage of the opioid epidemic.
  114         (d)The council shall review data from local governments,
  115  other states, and national agencies regarding how moneys are
  116  being spent to abate the opioid epidemic, the success of such
  117  programs, and the appropriate metrics needed to assess the
  118  epidemic and progress in abating it.
  119         (e)By June 30 of each year, each county, municipality,
  120  managing entity, or state agency that receives settlement funds
  121  from an opioid settlement shall provide information to the
  122  council related to how it intends to use settlement funds and
  123  how it intends to collect data regarding its use of funds.
  124         (f)By August 31 of each year, each county, municipality,
  125  managing entity, or state agency that receives settlement funds
  126  from an opioid settlement must provide information to the
  127  council related to its expenditure of settlement funds and the
  128  results obtained from those expenditures.
  129         (g)The council shall develop and recommend metrics,
  130  measures, or datasets to assess the progress and success of
  131  programs funded by expenditures of opioid settlement funds. The
  132  council must attempt to keep such metrics, measures, or datasets
  133  consistent with those used by the state with managing entities,
  134  as well as any metrics, measures, or datasets required by the
  135  Substance Abuse and Mental Health Services Administration of the
  136  United States Department of Health and Human Services in
  137  connection with any grants received by the state. Upon request
  138  of the council, a county, municipality, managing entity, or
  139  state agency must provide the council data or information
  140  required to develop such metrics, measures, or datasets.
  141         (h)The council, with assistance and support of the
  142  department, shall provide a system of documentation and
  143  reporting in accordance with the requirements of federal
  144  agencies and any other agencies providing funding to the state,
  145  including auditing expenditures consistent with any requirements
  146  imposed by the Legislature.
  147         (i)By December 1, 2023, and annually thereafter, the
  148  council shall provide and publish an annual report. The report
  149  shall contain information on how settlement moneys were spent
  150  the previous fiscal year by the state, each of the managing
  151  entities, and each of the counties and municipalities. The
  152  report shall also contain recommendations to the Governor, the
  153  Legislature, and local governments for how moneys should be
  154  prioritized and spent the coming fiscal year to respond to the
  155  opioid epidemic.
  156         (j)The report shall be posted on the websites of the
  157  department and the Department of Legal Affairs.
  158         Section 3. Section 1004.0971, Florida Statutes, is created
  159  to read:
  160         1004.0971Emergency opioid antagonists in Florida College
  161  System institution and state university housing.—
  162         (1)As used in this section, the term:
  163         (a)“Administer” or “administration” means to introduce an
  164  emergency opioid antagonist into the body of a person.
  165         (b)“Emergency opioid antagonist” means naloxone
  166  hydrochloride or any similarly acting drug that blocks the
  167  effects of opioids administered from outside the body and that
  168  is approved by the United States Food and Drug Administration
  169  for the treatment of an opioid overdose.
  170         (c)“Institution” means a Florida College System
  171  institution or state university.
  172         (2)Each institution must have a supply of emergency opioid
  173  antagonists with an autoinjection or intranasal application
  174  delivery system in each residence hall or dormitory residence
  175  owned or operated by the institution for the administration of
  176  emergency opioid antagonists to a person believed to be
  177  experiencing an opioid overdose.
  178         (3)Each institution must place the emergency opioid
  179  antagonists in a clearly marked location within each residence
  180  hall or dormitory residence. The emergency opioid antagonist
  181  must be easily accessible to campus law enforcement officers who
  182  are trained in the administration of emergency opioid
  183  antagonists.
  184         (4)Public and private partnerships are encouraged to cover
  185  the cost associated with the purchase and placement of such
  186  emergency opioid antagonists.
  187         (5)Notwithstanding any other provision of law to the
  188  contrary, any campus law enforcement officer trained in the
  189  administration of emergency opioid antagonists who administers
  190  or attempts to administer an emergency opioid antagonist in
  191  compliance with ss. 381.887 and 768.13, and the institution that
  192  employs such officer, are immune from civil or criminal
  193  liability as a result of such administration or attempted
  194  administration of an emergency opioid antagonist.
  195         (6)The State Board of Education and the Board of Governors
  196  shall adopt rules and regulations, respectively, to administer
  197  this section in cooperation with the Department of Health.
  198         Section 4. This act shall take effect July 1, 2023.
  199  
  200  ================= T I T L E  A M E N D M E N T ================
  201  And the title is amended as follows:
  202         Delete everything before the enacting clause
  203  and insert:
  204                        A bill to be entitled                      
  205         An act relating to opioid abatement; amending s.
  206         381.887, F.S.; revising definitions; revising the
  207         types of delivery systems a pharmacist may order or
  208         use to dispense an emergency opioid antagonist;
  209         creating s. 397.335, F.S.; establishing the Statewide
  210         Council on Opioid Abatement within the Department of
  211         Children and Families; providing the purpose of the
  212         council; providing for membership, organization and
  213         support, and duties of the council; creating s.
  214         1004.0971, F.S.; providing definitions; requiring each
  215         Florida College System institution and state
  216         university to have a supply of emergency opioid
  217         antagonists in certain residence halls or dormitory
  218         residences; providing requirements for the placement
  219         and accessibility of emergency opioid antagonists;
  220         encouraging public and private partnerships to cover
  221         the costs of such emergency opioid antagonists;
  222         providing specified campus law enforcement and Florida
  223         College System institutions and state universities
  224         immunity from liability for the administration or
  225         attempted administration of emergency opioid
  226         antagonists under certain circumstances; requiring the
  227         State Board of Education and the Board of Governors to
  228         adopt rules and regulations, respectively, in
  229         cooperation with the Department of Health; providing
  230         an effective date.