Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/CS/HB 783, 1st Eng. Ì542946DÎ542946 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: C 05/02/2023 12:32 PM . 05/03/2023 06:37 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 haverecurringcontact 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: 33 397.335 Statewide 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 1004.0971 Emergency 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.