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The Florida Senate

HB 5013 — Trust Fund/Opioid Settlement Clearing Trust Fund/DFS

by Appropriations Committee and Rep. Trumbull

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Appropriations Committee (AP)

The bill creates an Opioid Settlement Clearing Trust Fund within the Department of Financial Services.

The bill provides funds credited to the trust fund shall consist of payments received by the state from settlements reached from opioid related litigation or bankruptcy. The bill clarifies moneys received from such settlements and deposited into the trust fund are exempt from the General Revenue Fund service charge. The bill requires the trust fund to be subdivided into specific subfunds to comply with nationwide settlement agreement terms.

Upon notification to the Chief Financial Officer by the Department of Legal Affairs, the bill authorizes the department to draw warrants from specified subfunds to pay counties in accordance with the state-subdivision allocation agreement or settlements. The bill specifies the moneys disbursed or transferred from the fund must be used to abate the opioid epidemic.

The bill requires the department to disburse funds from the state subfund, by nonoperating transfer, as appropriate and as provided within the General Appropriations Act. The bill further specifies the trust fund is exempt from termination provisions of Art. III, s. 19(f)(2), State Constitution.

If approved by the Governor, these provisions take effect upon becoming law.

Vote: Senate 39-0; House 117-0