Florida Senate - 2023 CS for SB 704
By the Committee on Fiscal Policy; and Senator Boyd
594-04097-23 2023704c1
1 A bill to be entitled
2 An act relating to opioid abatement; amending s.
3 381.887, F.S.; revising definitions; revising the
4 types of delivery systems a pharmacist may order or
5 use to dispense an emergency opioid antagonist;
6 creating s. 397.335, F.S.; establishing the Statewide
7 Council on Opioid Abatement within the Department of
8 Children and Families; providing the purpose of the
9 council; providing for membership, organization and
10 support, and duties of the council; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraphs (b) and (c) of subsection (1) and
16 paragraphs (a) and (b) of subsection (3) of section 381.887,
17 Florida Statutes, are amended to read:
18 381.887 Emergency treatment for suspected opioid overdose.—
19 (1) As used in this section, the term:
20 (b) “Authorized health care practitioner” means a licensed
21 practitioner authorized by the laws of this state to prescribe
22 or dispense drugs.
23 (c) “Caregiver” means a family member, friend, or person in
24 a position to have recurring contact with a person at risk of
25 experiencing an opioid overdose.
26 (3)(a) An authorized health care practitioner may prescribe
27 and dispense an emergency opioid antagonist to, and a pharmacist
28 may order an emergency opioid antagonist with an autoinjection
29 delivery system, prefilled injection device delivery system, or
30 intranasal application delivery system for, a patient or
31 caregiver for use in accordance with this section.
32 (b) A pharmacist may dispense an emergency opioid
33 antagonist pursuant to a prescription by an authorized health
34 care practitioner. A pharmacist may dispense an emergency opioid
35 antagonist with an autoinjection delivery system, prefilled
36 injection device delivery system, or intranasal application
37 delivery system, which must be appropriately labeled with
38 instructions for use, pursuant to a pharmacist’s order or
39 pursuant to a nonpatient-specific standing order.
40 Section 2. Section 397.335, Florida Statutes, is created to
41 read:
42 397.335 Statewide Council on Opioid Abatement.—
43 (1) ESTABLISHMENT.—The Statewide Council on Opioid
44 Abatement, an advisory council as defined in s. 20.03, is
45 created within the department for the purpose of enhancing the
46 development and coordination of state and local efforts to abate
47 the opioid epidemic and to support the victims and families of
48 the crisis.
49 (2) MEMBERSHIP.—
50 (a) Notwithstanding s. 20.052, the council shall be
51 composed of the following members:
52 1. The Attorney General, or his or her designee, who shall
53 serve as chair.
54 2. The secretary of the department, or his or her designee,
55 who shall serve as vice chair.
56 3. One member appointed by the Governor.
57 4. One member appointed by the President of the Senate.
58 5. One member appointed by the Speaker of the House of
59 Representatives.
60 6. Two members appointed by the Florida League of Cities
61 who are commissioners or mayors of municipalities. One member
62 shall be from a municipality with a population of fewer than
63 50,000 people.
64 7. Two members appointed by or through the Florida
65 Association of Counties who are county commissioners or mayors.
66 One member shall be appointed from a county with a population of
67 fewer than 200,000, and one member shall be appointed from a
68 county with a population of more than 200,000.
69 8. One member who is either a county commissioner or county
70 mayor appointed by the Florida Association of Counties or who is
71 a commissioner or mayor of a municipality appointed by the
72 Florida League of Cities. The Florida Association of Counties
73 shall appoint such member for the initial term, and future
74 appointments must alternate between a member appointed by the
75 Florida League of Cities and a member appointed by the Florida
76 Association of Counties.
77 (b) Each member shall serve a 2-year term. Any vacancy
78 shall be filled in the same manner as the original appointment
79 for the remainder of the unexpired term.
80 (c) A member may not receive a commission, fee, or
81 financial benefit in connection with serving on the council.
82 Council members may be reimbursed for per diem and travel
83 expenses in accordance with s. 112.061 by the state agency that
84 the member represents. If the member is not affiliated with a
85 state agency, the member shall be reimbursed by the Department
86 of Children and Families.
87 (3) ORGANIZATION AND SUPPORT.—
88 (a) The first meeting of the council must be held by August
89 31, 2023.
90 (b) The council shall meet quarterly and upon the call of
91 the chair or two other members. Meetings of the council may take
92 place in person or through electronic transmission using
93 communications media technology as described in s.
94 120.54(5)(b)2.
95 (c) A majority of the members of the council shall
96 constitute a quorum.
97 (d) The department and the Department of Legal Affairs
98 shall provide the council with staff necessary to assist the
99 council in the performance of its duties.
100 (e) The council may apply for and accept funds, grants,
101 gifts, and services from the state, the Federal Government or
102 any of its agencies, or any other public or private source for
103 the purposes of defraying costs or performing its duties.
104 (f) All members shall adhere to all applicable general law,
105 rules, and regulations, including, but not limited to, s.
106 112.311, concerning the disclosure of conflicts of interest and
107 recusal from discussions or votes on conflicted matters.
108 (4) DUTIES.—
109 (a) The council shall advise the state and local
110 governments on resolving or abating the opioid epidemic and
111 review how settlement moneys recovered from the opioid
112 litigation brought by the state and its subdivisions have been
113 spent and the results that have been achieved from those
114 expenditures.
115 (b) The council shall work with, provide information to,
116 and receive information from the Statewide Drug Policy Advisory
117 Council and ensure that its recommendations and actions are
118 consistent with that council’s recommendations to the extent
119 possible.
120 (c) The council shall review data from local, state, and
121 national agencies, both on a regional and a statewide basis, to
122 advise state and local governments on the status, severity, and
123 stage of the opioid epidemic.
124 (d) The council shall review data from local governments,
125 other states, and national agencies regarding how moneys are
126 being spent to abate the opioid epidemic, the success of such
127 programs, and the appropriate metrics needed to assess the
128 epidemic and progress in abating it.
129 (e) By June 30 of each year, each county, municipality,
130 managing entity, or state agency that receives settlement funds
131 from an opioid settlement shall provide information to the
132 council related to how it intends to use settlement funds and
133 how it intends to collect data regarding its use of funds.
134 (f) By August 31 of each year, each county, municipality,
135 managing entity, or state agency that receives settlement funds
136 from an opioid settlement must provide information to the
137 council related to its expenditure of settlement funds and the
138 results obtained from those expenditures.
139 (g) The council shall develop and recommend metrics,
140 measures, or datasets to assess the progress and success of
141 programs funded by expenditures of opioid settlement funds. The
142 council must attempt to keep such metrics, measures, or datasets
143 consistent with those used by the state with managing entities,
144 as well as any metrics, measures, or datasets required by the
145 Substance Abuse and Mental Health Services Administration of the
146 United States Department of Health and Human Services in
147 connection with any grants received by the state. Upon request
148 of the council, a county, municipality, managing entity, or
149 state agency must provide the council data or information
150 required to develop such metrics, measures, or datasets.
151 (h) The council, with assistance and support of the
152 department, shall provide a system of documentation and
153 reporting in accordance with the requirements of federal
154 agencies and any other agencies providing funding to the state,
155 including auditing expenditures consistent with any requirements
156 imposed by the Legislature.
157 (i) By December 1, 2023, and annually thereafter, the
158 council shall provide and publish an annual report. The report
159 shall contain information on how settlement moneys were spent
160 the previous fiscal year by the state, each of the managing
161 entities, and each of the counties and municipalities. The
162 report shall also contain recommendations to the Governor, the
163 Legislature, and local governments for how moneys should be
164 prioritized and spent the coming fiscal year to respond to the
165 opioid epidemic.
166 (j) The report shall be posted on the websites of the
167 department and the Department of Legal Affairs.
168 Section 3. This act shall take effect July 1, 2023.