Bill Text: FL S0704 | 2023 | Regular Session | Comm Sub
Bill Title: Opioid Abatement
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 783 (Ch. 2023-184) [S0704 Detail]
Download: Florida-2023-S0704-Comm_Sub.html
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 haverecurringcontact 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.