Advisory Bodies
Has the state established an advisory body for settlement funds?
Yes. The Statewide Opioid Abatement Council (Council) was created by state law in 2023.[1] It was created as part of the Florida Department of Children and Families,[2] and its duties fall into several broad categories:
Advising state and local governments on uses of settlement funds[3]
Reviewing the results of opioid settlement expenditures in the state,[4] including planned and executed expenditures by the local governments, managing entities, and state agencies in receipt of settlement funds[5]
Developing a reporting system and metrics to assess the impact of programs funded[6]
Reviewing 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”[7]
Working with the Statewide Drug Policy Advisory Council[8]
Publishing an annual report on all opioid settlement expenditures that includes recommendations to the Governor, legislature, and local governments on how funds “should be prioritized and spent in the coming fiscal year.”[9] This report must be published on the websites of the Florida Department of Children and Families and the Florida Department of Legal Affairs.[10] The annual report for 2023 can be found here.
The Council is required to meet at least quarterly.[11]
Is the state advisory body required to include member(s) with lived and/or living experience?
No. The Statewide Opioid Abatement Council is not required to include a member with lived and/or living experience.
What is the overall membership of the state advisory body?
As of September 1, 2024, the Statewide Opioid Abatement Council has eleven (11) members, which exceeds what is strictly required by state law:
State Attorney General of their designee, who serves as chair[12]
Secretary of the Department of Children and Families or their designee[13]
Member appointed by the Governor[14]
Two members appointed by legislative leadership from each chamber[15]
Two members appointed by the Florida League of Cities, each a municipal commissioner or mayor, one of whom must be from a municipality with a population fewer than 50,000 people[16]
Two members who are appointed “by or through” the Florida Association Counties, each a county commissioner or mayor, one from a county with a population of fewer than 200,000 people and the other from a county with a population greater than 200,000 people[17]
Member who is a county commissioner or mayor appointed by the Florida Association of Counties or a municipal commissioner or mayor appointed by the Florida League of Cities[18]
The current roster of the Statewide Opioid Abatement Council can be found here.
Each member serves a two-year term.[19] Unlike some other states, Florida does not explicitly require the Council to include subject matter expertise on harm reduction, prevention, treatment, or recovery.
Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?
No (up to each locality) (but see Statewide Opioid Abatement Council). Local governments in Florida are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.
What else should I know?
Not applicable.
Citations
See 2023 FL HB 783, the relevant provisions of which were codified at Fla. Stat. Ann. Sec. 397.335. ↑
Fla. Stat. Ann. Sec. 397.335(1). See also Members - Statewide Council on Opioid Abatement. Florida Opioid Settlement website. Accessed September 1, 2024. ↑
Fla. Stat. Ann. Sec. 397.335(4)(a). ↑
Fla. Stat. Ann. Sec. 397.335(4)(a). ↑
Fla. Stat. Ann. Secs. 397.335(4)(e)-(f). ↑
Fla. Stat. Ann. Sec. 397.335(4)(g)-(h). ↑
Fla. Stat. Ann. Sec. 397.335(4)(c). ↑
Fla. Stat. Ann. Sec. 397.335(4)(b). ↑
Fla. Stat. Ann. Sec. 397.335(4)(i). ↑
Fla. Stat. Ann. Sec. 397.335(4)(j). ↑
Fla. Stat. Ann. Sec. 397.335(3)(b). ↑
Fla. Stat. Ann. Sec. 397.335(2)(a)(1). ↑
Fla. Stat. Ann. Sec. 397.335(2)(a)(2). ↑
Fla. Stat. Ann. Sec. 397.335(2)(a)(3). ↑
Fla. Stat. Ann. Secs. 397.335(2)(a)(4)-(5). The President of the Senate appoints one member, and the Speaker of the House of Representatives appoints one member. ↑
Fla. Stat. Ann. Sec. 397.335(2)(a)(6). ↑
Fla. Stat. Ann. Sec. 397.335(2)(a)(7). ↑
Fla. Stat. Ann. Sec. 397.335(2)(a)(8). The Florida Association of Counties is responsible for the initial appointment; subsequent appointments must alternate between members appointed by the Florida League of Cities and Florida Association of Counties. ↑
Fla. Stat. Ann. Sec. 397.335(2)(b). ↑
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