Florida Statutes 397.335 – Statewide Council on Opioid Abatement
Current as of: 2023 | Check for updates
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(1) ESTABLISHMENT.–The Statewide Council on Opioid Abatement, an advisory council as defined in s. 20.03(7), is created within the department for the purpose of enhancing the development and coordination of state and local efforts to abate the opioid epidemic and to support the victims and families of the crisis.
(2) MEMBERSHIP.–
(a) Notwithstanding s. 20.052, the council shall be composed of the following members:
1. The Attorney General, or his or her designee, who shall serve as chair.
2. The secretary of the department, or his or her designee, who shall serve as vice chair.
3. One member appointed by the Governor.
4. One member appointed by the President of the Senate.
5. One member appointed by the Speaker of the House of Representatives.
6. Two members appointed by the Florida League of Cities who are commissioners or mayors of municipalities. One member shall be from a municipality with a population of fewer than 50,000 people.
7. Two members appointed by or through the Florida Association of Counties who are county commissioners or mayors. One member shall be appointed from a county with a population of fewer than 200,000, and one member shall be appointed from a county with a population of more than 200,000.
8. One member who is either a county commissioner or county mayor appointed by the Florida Association of Counties or who is a commissioner or mayor of a municipality appointed by the Florida League of Cities. The Florida Association of Counties shall appoint such member for the initial term, and future appointments must alternate between a member appointed by the Florida League of Cities and a member appointed by the Florida Association of Counties.
Terms Used In Florida Statutes 397.335
- Department: means the Department of Children and Families. See Florida Statutes 397.311
- disclosure: means a communication of identifying information, the affirmative verification of another person's communication of identifying information, or the communication of any information regarding an individual who has received services. See Florida Statutes 397.311
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Substance abuse: means the misuse or abuse of, or dependence on alcohol, illicit drugs, or prescription medications. See Florida Statutes 397.311
(b) Each member shall serve a 2-year term. Any vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(c) A member may not receive a commission, fee, or financial benefit in connection with serving on the council. Council members may be reimbursed for per diem and travel expenses in accordance with s. 112.061 by the state agency that the member represents. If the member is not affiliated with a state agency, the member shall be reimbursed by the department.
(3) ORGANIZATION AND SUPPORT.–
(a) The first meeting of the council must be held by August 31, 2023.
(b) The council shall meet quarterly and upon the call of the chair or two other members. Meetings of the council may take place in person or through electronic transmission using communications media technology as described in s. 120.54(5)(b)2.
(c) A majority of the members of the council shall constitute a quorum.
(d) The department and the Department of Legal Affairs shall provide the council with staff necessary to assist the council in the performance of its duties.
(e) The council may apply for and accept funds, grants, gifts, and services from the state, the Federal Government or any of its agencies, or any other public or private source for the purposes of defraying costs or performing its duties.
(f) All members shall adhere to all applicable general law, rules, and regulations, including, but not limited to, s. 112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters.
(4) DUTIES.–
(a) The council shall advise the state and local governments on resolving or abating the opioid epidemic and review how settlement moneys recovered from the opioid litigation brought by the state and its subdivisions have been spent and the results that have been achieved from those expenditures.
(b) The council shall work with, provide information to, and receive information from the Statewide Drug Policy Advisory Council and ensure that its recommendations and actions are consistent with that council’s recommendations to the extent possible.
(c) The council shall review data from local, state, and national agencies, both on a regional and a statewide basis, to advise state and local governments on the status, severity, and stage of the opioid epidemic.
(d) The council shall review data from local governments, other states, and national agencies regarding how moneys are being spent to abate the opioid epidemic, the success of such programs, and the appropriate metrics needed to assess the epidemic and progress in abating it.
(e) By June 30 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement shall provide information to the council related to how it intends to use settlement funds and how it intends to collect data regarding its use of funds.
(f) By August 31 of each year, each county, municipality, managing entity, or state agency that receives settlement funds from an opioid settlement must provide information to the council related to its expenditure of settlement funds and the results obtained from those expenditures.
(g) The council shall develop and recommend metrics, measures, or datasets to assess the progress and success of programs funded by expenditures of opioid settlement funds. The council must attempt to keep such metrics, measures, or datasets consistent with those used by the state with managing entities, as well as any metrics, measures, or datasets required by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services in connection with any grants received by the state. Upon request of the council, a county, municipality, managing entity, or state agency must provide the council data or information required to develop such metrics, measures, or datasets.
(h) The council, with assistance and support of the department, shall provide a system of documentation and reporting in accordance with the requirements of federal agencies and any other agencies providing funding to the state, including auditing expenditures consistent with any requirements imposed by the Legislature.
(i) By December 1, 2023, and annually thereafter, the council shall provide and publish an annual report. The report shall contain information on how settlement moneys were spent the previous fiscal year by the state, each of the managing entities, and each of the counties and municipalities. The report shall also contain recommendations to the Governor, the Legislature, and local governments for how moneys should be prioritized and spent the coming fiscal year to respond to the opioid epidemic.
(j) The report shall be posted on the websites of the department and the Department of Legal Affairs.