Here are the entities that ultimately decide how each of Florida’s opioid settlement shares are spent:

• Sliding State Fund share (45-55%): Florida state legislature

• Sliding Regional Fund share (30-40%): either local officials of qualified counties or managing entities

• 15% City/County Fund share: decisionmakers for cities and counties

Florida Department of Children and Families

• Florida Opioid Settlement

• Statewide Council on Opioid Abatement

• State Opioid Dashboard

Florida Attorney General

• Florida Opioid Settlements Portal (contains links to annual reports, e.g., 2023 Annual Report)

Florida Association of Counties

• The Opioid Settlement: Where are we now?

Florida Harm Reduction Collaborative

Can I provide input on spending?

• 45-55% state share: Yes (not required). Although there is no legal requirement for either the state or local governments to seek public input on the use of opioid settlement funds, Florida’s has provided a dedicated opportunity for public comment at it has held.[1]

  • The Council also welcomed feedback on its 2023 report and recommendations via email ().[2]

  • Note: The Council advises both state and local governments on their uses of funds but does not have direct spending authority over any of Florida’s three shares.[3]

• 30-40% regional share: Up to each county or non-qualified county’s managing entity (not required). “There are 47 non-qualified counties that receive funding through the Managing Entities. A Managing Entity … plan[s] and manage[s] the daily operational delivery of behavioral health services through a coordinated system of care.”[4] Neither qualified counties nor non-qualified counties’ managing entities are required to seek public input on spending their share of settlement funds. However, each may choose to seek such input.

  • Note: are those who meet specified criteria (e.g., had a population of 300,000 or more, had an abatement plan as of December 31, 2021, entered into an interlocal agreement with municipalities representing a majority of the county’s population).[5] These 20 counties receive their monies directly.[6]

• 15% city/county share: Up to each locality (not required). Local governments are not required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. For example, in Summer 2024 Pinellas County sought public input on the use of its opioid settlement funds through an online survey and a series of listening sessions.[7] Watch for similar opportunities to weigh in on city and county spending decisions, such as at city council meetings and town halls.

Can I apply for grants?

It depends. As of September 1, 2024, it is unclear whether the state has established any settlement-funded grant opportunities for which community organizations are eligible to apply. Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• For updates on all shares, visit the Department of Children and Families’ website, which contains information about the and its (including upcoming dates and links to watch past meetings).

• To find updates on specific local shares, a good starting point is to check the websites for your county commission, city council, or local health department.

What else should I know?

Not applicable.

Citations

1. Legislation to create the Council was not enacted until June 2023, and its meetings began in September 2023. See . ↑

2. . Statewide Council on Opioid Abatement. November 6, 2023. ↑

3. Fla. Stat. Ann. Sec. 397.335(4)(a). ↑

4. . Statewide Council on Opioid Abatement. December 1, 2023 (see “Utilization of the Regional Funds (Fiscal Year 2022-2023) by qualified counties” and “Utilization of the Regional Funds by non-qualified counties”). ↑

5. Fla. Stat. Ann. Sec. 17.42(4)(a)-(e); Florida Opioid Allocation and Statewide Response Agreement, Sec. . ↑

6. . Statewide Council on Opioid Abatement. December 1, 2023 (“The Regional Funds for the qualified counties do not flow through the Department or the Managing Entities”). ↑

7. Sarah Blazonies. . Spectrum News 9. June 7, 2024 (updated June 8, 2024). Accessed September 1, 2024. ↑

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

1. See 2023 FL HB 783, the relevant provisions of which were codified at Fla. Stat. Ann. Sec. 397.335. ↑

2. Fla. Stat. Ann. Sec. 397.335(1). See also Members - Statewide Council on Opioid Abatement. Florida Opioid Settlement website. Accessed September 1, 2024. ↑

3. Fla. Stat. Ann. Sec. 397.335(4)(a). ↑

4. Fla. Stat. Ann. Sec. 397.335(4)(a). ↑

5. Fla. Stat. Ann. Secs. 397.335(4)(e)-(f). ↑

6. Fla. Stat. Ann. Sec. 397.335(4)(g)-(h). ↑

7. Fla. Stat. Ann. Sec. 397.335(4)(c). ↑

8. Fla. Stat. Ann. Sec. 397.335(4)(b). ↑

9. Fla. Stat. Ann. Sec. 397.335(4)(i). ↑

10. Fla. Stat. Ann. Sec. 397.335(4)(j). ↑

11. Fla. Stat. Ann. Sec. 397.335(3)(b). ↑

12. Fla. Stat. Ann. Sec. 397.335(2)(a)(1). ↑

13. Fla. Stat. Ann. Sec. 397.335(2)(a)(2). ↑

14. Fla. Stat. Ann. Sec. 397.335(2)(a)(3). ↑

15. 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. ↑

16. Fla. Stat. Ann. Sec. 397.335(2)(a)(6). ↑

17. Fla. Stat. Ann. Sec. 397.335(2)(a)(7). ↑

18. 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. ↑

19. Fla. Stat. Ann. Sec. 397.335(2)(b). ↑

Where do these monies live?

This share is distributed directly to its 20 qualified counties and the five managing entities of Florida’s 47 non-qualified counties:[1]

• The 20 qualified counties are Brevard, Broward, Collier, Escambia, Hillsborough, Duval, Lake, Lee, Manatee, Marion, Miami-Dade, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Seminole, St. Lucie, and Volusia.[2] These counties, which receive their monies directly, meet all the following criteria:[3]

  • Have a population of 300,000 or greater[4]

  • Is a member of or operates an opioid task force[5]

  • Had an abatement plan as of December 31, 2021[6]

  • “[P]rovide[d] or contract[ed] with others to provide substance abuse prevention, recovery, and treatment services” as of December 31, 2021[7]

  • Have entered into an interlocal agreement with municipalities representing a majority of the county’s population[8]

• Non-qualified counties do not receive their monies directly. Five of the state’s seven behavioral health “managing entities,” created by state law to coordinate behavioral health services throughout the state,[9] receive monies to fund services in the 47 non-qualifying counties, as part of each managing entity’s contract with the Department of Children and Families.[10]

Note: The exact percentage size of this share depends on the year. It begins with 39.95% in 2022 and decreases to 29.75% from 2037 onward.[11]

What can this share be spent on?

With limited exceptions,[12] this share must be spent on the uses described Exhibit A (“Core Strategies”) and Exhibit B (“Approved Uses”) of Florida’s Opioid Allocation and Statewide Response Agreement.[13] Combined, Exhibits A and B are identical to the national settlement agreement’s (non-exhaustive) Exhibit E, which includes prevention, harm reduction, treatment, recovery, and other strategies.[14]

Who ultimately decides how to spend this share (and how)?

Statewide Council on Opioid Abatement guides, qualified counties and managing entities decide.

• The 20 qualified counties who receive their monies directly ultimately decide specific expenditures for themselves, according to the terms of their interlocal agreements.[15] See, e.g., interlocal agreements from Pinellas County and Volusia County.

• Shares belonging to the remaining 47 non-qualifying counties are paid through the Department of Children and Families (DCF) to the counties’ five managing entities, who must each “ensure that there are services in every County.”[16]

The Statewide Council on Opioid Abatement created within DCF is tasked with advising both the state and local governments on their opioid settlement spend.[17]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Like most states, Florida does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the funds from its regional share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Yes (public reporting required). View the Statewide Council on Opioid Abatement’s annual reports on the Florida Opioid Settlements Portal. State agencies, counties, municipalities, and managing entities in receipt of settlement funds are required to report planned and actual expenditures to the Statewide Council on Opioid Abatement,[18] who must then publish an annual expenditure report on its website.[19]

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. Florida Opioid Allocation and Statewide Response Agreement, Secs. A.3, A.16, B.4(b)(ii)-(iii); Fla Stat. Sec. 17.42(4). See also 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (see “Utilization of the Regional Funds (Fiscal Year 2022-2023) by qualified counties” and “Utilization of the Regional Funds by non-qualified counties”). Prior to distribution, this share is held in the regional subfund of the state’s Opioid Settlement Clearing Trust Fund. Fla Stat. Secs. 17.42(1)-(3)(a). ↑

2. 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 ↑

3. Florida Opioid Allocation and Statewide Response Agreement, Secs. A.16, B.4(b)(ii) ; Fla Stat. Sec. 17.42(4). See also 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The Regional Funds for the qualified counties do not flow through the Department or the Managing Entities”). ↑

4. Fla Stat. Sec. 17.42(4)(a) (“Has a population of at least 300,000 according to the United States Census Bureau population estimates as of July 1, 2019, released March 2020, or the United States Decennial Census of 2020, released August and September 2021”); Florida Opioid Allocation and Statewide Response Agreement, Sec. A.16. ↑

5. Fla Stat. Sec. 17.42(4)(b) (“Has an opioid task force of which the county is a member or operates in connection with its municipalities or others on a local or regional basis. As used in this paragraph, the term ‘task force’ includes any department, committee, commission, or bureau established by the county to collect information related to substance abuse disorders in the county and provide that information to the county, along with recommendations on responding to the opioid epidemic, so long as the department, committee, commission, or bureau allows municipalities and others to participate in whatever process is undertaken”); Florida Opioid Allocation and Statewide Response Agreement, Sec. A.16 (defining “qualified count” and explaining the meaning of “operate” with respect to an opioid task force for the purpose of being a qualified county). ↑

6. Fla Stat. Sec. 17.42(4)(c) (“As of December 31, 2021, has an abatement plan that has been adopted or is being used to respond to the opioid epidemic”); Florida Opioid Allocation and Statewide Response Agreement, Sec. A.16. ↑

7. Fla Stat. Sec. 17.42(4)(d); Florida Opioid Allocation and Statewide Response Agreement, Sec. A.16. ↑

8. Fla Stat. Sec. 17.42(4)(e) (“Enters or has entered into an interlocal written agreement with a majority of the municipalities located within the county’s boundaries. As used in this paragraph, the term “majority” means more than 50 percent of the population of the municipalities located within the boundaries of a county. For purposes of calculating a majority, individuals living in unincorporated portions of a county may not be counted”); Florida Opioid Allocation and Statewide Response Agreement, Sec. A.16. ↑

9. Florida Opioid Allocation and Statewide Response Agreement, Sec. A.3 (defining “Managing Entities’ as “the corporations selected by and under contract with the Florida Department of Children and Families or its successor (‘DCF’) to manage the daily operational delivery of behavioral health services through a coordinated system of care”). See also 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“A Managing Entity is a corporation, created pursuant to section 394.9082, Florida Statutes, under contract with the Department, to plan and manage the daily operational delivery of behavioral health services through a coordinated system of care. There are seven Managing Entities throughout the state”). ↑

10. Florida Opioid Allocation and Statewide Response Agreement, Secs. A.3, B.4(b)(iii). See also 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The General Appropriations Act (GAA) for Fiscal Year 2023-2024 allocated $33,897,266 to the Department for five Managing Entities to fund services in the 47 non-qualified counties. These funds were amended into five Managing Entity contracts as of September 2023”). ↑

11. Fla Stat. Sec. 17.42(3)(a)(1)-(5) (describing regional subfund sliding scale of 47% from 2022-2027, 41% from 2028-2030, 40% from 2031-2033, 39% from 2034-2036, and 37% from 2037 onward, with these being a percentage of the 85% of Florida’s total opioid settlement funds that are held in the Opioid Settlement Clearing Trust Fund). ↑

12. Florida Opioid Allocation and Statewide Response Agreement, Secs. B.1 (“all Opioid Funds shall be utilized for Approved Purposes” excepting administrative costs, attorneys’ fees, and Medicaid claw-back costs), A.1 (defining “Approved Purposes”). See also Florida Opioid Allocation and Statewide Response Agreement, Secs. B.4 (“Funds due the federal government, if any … will be subtracted from only the State and Regional Funds”), B.7 (“The State may take no more than a 5% administrative fee from the State Fund and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds”). ↑

13. Florida Opioid Allocation and Statewide Response Agreement, Secs. A.1, B.1, B.4(b)(ii)-(iii). See also Fla Stat. Sec. 17.42(6). ↑

14. Florida’s definition of “Approved Purposes” notably includes “strategies, programming and services used to … decrease the oversupply of licit and illicit opioids.” Florida Opioid Allocation and Statewide Response Agreement, Sec. A.1. This language, which differs from the national settlement agreements, potentially allows for greater law enforcement uses of funds from this share. ↑

15. Florida Opioid Allocation and Statewide Response Agreement, Sec. B.4(b)(ii). ↑

16. Florida Opioid Allocation and Statewide Response Agreement, Sec. B.4(b)(iii) (“To the greatest extent practicable, the Managing Entities shall endeavor to expend monies in each County or for citizens of a County in the amount of the share that a County would have received if it were a Qualified County”). ↑

17. Fla Stat. Sec. 397.355(4)(a). ↑

18. Fla Stat. Secs. 397.355(4)(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”). See also Florida Opioid Allocation and Statewide Response Agreement, Secs. B.6(h)-(i). ↑

19. Fla Stat. Secs. 397.355(4)(i) (“By each December 1, 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 in the coming fiscal year to respond to the opioid epidemic”), (j). ↑

This Community Guide will describe how Florida is spending its opioid settlements and whether Florida is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.

Where do these monies live?

The state government’s 45-55% share is held in the Opioid Settlement Clearing Trust Fund and State Opioid Settlement Trust Fund.[1] (The Opioid Settlement Clearing Trust Fund holds the regions’ and state’s combined 85% share of settlement funds.[2]) Funds are disbursed from the greater Clearing Trust Fund to the State Opioid Settlement Trust Fund according to legislative appropriations.[3]

Note: The exact percentage size of this share depends on the year. It begins at 45.05% in 2022 and increases to 55.25% from 2037 onward.[4]

What can this share be spent on?

With limited exceptions,[5] this share must be spent on the uses described Exhibit A (“Core Strategies”) and Exhibit B (“Approved Uses”) of Florida’s Opioid Allocation and Statewide Response Agreement.[6] Combined, Exhibits A and B are identical to the national settlement agreements’ (non-exhaustive) Exhibit E, which includes prevention, harm reduction, treatment, recovery, and other strategies.[7]

Who ultimately decides how to spend this share (and how)?

Statewide Council on Opioid Abatement guides, state legislature decides (in coordination with the governor), state departments administer and oversee. Florida’s state share is appropriated by its state legislature to state agencies and other entities.[8] This includes appropriations for the governor’s settlement spending plan, which established the Office of Opioid Recovery and expanded the Coordinated Opioid Recovery (CORE) network.[9] The Florida Department of Children and Families’ Office of Substance Abuse and Mental Health oversees uses of this share.[10]

The Statewide Council on Opioid Abatement created within the Department of Children and Families is tasked with advising both the state and local governments on their opioid settlement spend.[11]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Like most states, Florida does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the funds from its state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Yes (public reporting required). View the Statewide Council on Opioid Abatement’s annual reports on the Florida Opioid Settlements Portal. State agencies, counties, municipalities, and managing entities in receipt of settlement funds are required to report planned and actual expenditures to the Statewide Council on Opioid Abatement,[12] who must then publish an annual expenditure report on its website.[13]

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. Fla Stat. Secs. 17.42(1) (establishing the Opioid Settlement Clearing Trust Fund within the Florida Department of Financial Services), 20.195(11)(a) (establishing the State Opioid Settlement Trust Fund within the Florida Department of Children and Families). ↑

2. Fla Stat. Secs. 17.42(2) (providing that the Clearing Trust Fund holds all payments received by the state from opioid-related settlements), (3)(a) (providing that the regional subfund consists of 35-47% of such payments), (3)(b) (providing that the state subfund consists of “all remaining funds after funds allocated for the regional subfund are deposited”). ↑

3. The Settlement Trust Fund contains only the funds transferred to it via legislative appropriation and is not explicitly required to contain the full 45-55% state share. Fla Stat. Secs. 17.42(5) (providing that the Department of Financial Services “disburse funds from the state subfund, by nonoperating transfer, of the Opioid Settlement Clearing Trust Fund to the opioid settlement trust funds of the various agencies, as appropriate, as provided in the General Appropriations Act”), 20.195(11)(b) (“The Department of Financial Services shall annually transfer, by nonoperating transfer, the amount specified in the General Appropriations Act from its Opioid Settlement Clearing Trust Fund to the department’s State Opioid Settlement Trust Fund”). See also Fla Stat. Secs. 20.195(c) (providing that unused funds from the State Opioid Settlement Trust Fund within the Department of Children and Families revert to the Clearing Trust Fund at the end of the year), (d) (providing that the State Opioid Settlement Trust Fund within the Department of Children and Families “unless terminated sooner, shall be terminated on July 1, 2027,” and requiring the Florida state legislature to review the trust fund in accordance with state law). ↑

4. Fla Stat. Secs. 17.42(3)(a) (describing regional subfund sliding scale: from 47% in 2022-27 to 35% in 2037, with this being a percentage of the 85% of Florida’s total opioid settlement funds that are held in the Opioid Settlement Clearing Trust Fund), (b) (“The state subfund shall be funded with all remaining funds after funds allocated for the regional subfund are deposited”). ↑

5. Florida Opioid Allocation and Statewide Response Agreement, Secs. B.1 (“all Opioid Funds shall be utilized for Approved Purposes” excepting administrative costs, attorneys’ fees, and Medicaid claw-back costs), A.1 (defining “Approved Purposes”). See also Florida Opioid Allocation and Statewide Response Agreement, Secs. B.4 (“Funds due the federal government, if any … will be subtracted from only the State and Regional Funds”), B.7 (“The State may take no more than a 5% administrative fee from the State Fund and any Regional Fund that it administers for counties that are not Qualified Counties”). ↑

6. Florida Opioid Allocation and Statewide Response Agreement, Secs. A.1, B.1, B.4(c). See also Fla Stat. Sec. 17.42(6). ↑

7. Florida’s definition of “Approved Purposes” notably includes “strategies, programming and services used to … decrease the oversupply of licit and illicit opioids.” Florida Opioid Allocation and Statewide Response Agreement, Sec. A.1. This language, which differs from the national settlement agreements, potentially allows for greater law enforcement uses of funds from this share. ↑

8. Fla Stat. Sec. 17.42(5) (“The department [of financial services] shall disburse funds from the state subfund, by nonoperating transfer, of the Opioid Settlement Clearing Trust Fund to the opioid settlement trust funds of the various agencies, as appropriate, as provided in the General Appropriations Act”). See, e.g., 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The Legislature appropriates the State Funds to the Department [of Children and Families] through the GAA”); 2023 Florida SB 2500 (appropriations); 2024 Florida HB 5001 (appropriations). ↑

9. See Governor Ron DeSantis and First Lady Casey DeSantis Announce Plans for $205.7 Million Opioid Settlement Agreement. Florida governor press release. February 17, 2023. Accessed August 19, 2024. See also 2023 Florida SB 2500 (appropriations). ↑

10. Overview About the settlement. Florida Opioid Settlement website. Accessed August 19, 2024 (“The Florida Department of Children and Families’ Office of Substance Abuse and Mental Health is the State Opioid Treatment Authority, and as such will oversee statewide prevention, treatment, and recovery efforts utilizing the settlement funds. Additionally, the Department will establish the Office of Recovery to lead cross-agency collaborations and community partnerships that will implement strategies and expand programs to serve Florida communities”). ↑

11. Fla Stat. Sec. 397.355(4)(a). ↑

12. Fla Stat. Secs. 397.355(4)(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”). See also Florida Opioid Allocation and Statewide Response Agreement, Secs. B.6(h)-(i). ↑

13. Fla Stat. Secs. 397.355(4)(i) (“By each December 1, 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 in the coming fiscal year to respond to the opioid epidemic”), (j). ↑

Where do these monies live?

This share is distributed directly to 247 cities and counties.[1]

What can this share be spent on?

With limited exceptions,[2] this share must be spent on the uses described Exhibit A (“Core Strategies”) and Exhibit B (“Approved Uses”) of Florida’s Opioid Allocation and Statewide Response Agreement.[3] Combined, Exhibits A and B are identical to the national settlement agreement’s (non-exhaustive) Exhibit E, which includes prevention, harm reduction, treatment, recovery, and other strategies.[4]

Who ultimately decides how to spend this share (and how)?

Localities decide autonomously (but must report plans and expenditures to the Statewide Council on Opioid Abatement). Decisionmakers for the counties and municipalities will ultimately decide for themselves how to spend their monies on Approved Purposes.[5] Counties and municipalities may also enter written agreements to pool their funds or assign their funds to another locality.[6]

The Statewide Council on Opioid Abatement created within the Florida Department of Children and Families is tasked with advising both the state and local governments on their opioid settlement spend.[7]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Like most states, Florida does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the funds from its local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Yes (public reporting required). View the Statewide Council on Opioid Abatement’s annual reports on the Florida Opioid Settlements Portal. The state agencies, counties, municipalities, and managing entities that receive settlement funds are required to report planned and actual expenditures to the Statewide Council on Opioid Abatement,[8] who must then publish an annual expenditure report on its website.[9]

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. Florida Opioid Allocation and Statewide Response Agreement, Sec. B.4(a) (“directly” to cities and counties, with amounts designated for municipalities with populations less than 10,000 redirected to their counties). See also 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“Funds are disbursed directly to 247 cities and counties, and do not flow through the Department. … The funds are paid out to subdivisions annually in September by the Opioid Administrator”). ↑

2. Florida Opioid Allocation and Statewide Response Agreement, Secs. B.1 (“all Opioid Funds shall be utilized for Approved Purposes” excepting administrative costs, attorneys’ fees, and Medicaid claw-back costs), A.1 (defining “Approved Purposes”). See also Florida Opioid Allocation and Statewide Response Agreement, Secs. B.7 (“Municipalities and Counties may take no more than a 5% administrative fee from any funds that they receive or control from the City/County Fund”), B.12 (describing attorneys’ fee “Expense Fund” created out of “City/County” share). ↑

3. Florida Opioid Allocation and Statewide Response Agreement, Secs. A.1, B.1, B.4(a). ↑

4. Florida’s definition of “Approved Purposes” notably includes “strategies, programming and services used to … decrease the oversupply of licit and illicit opioids.” Florida Opioid Allocation and Statewide Response Agreement, Sec. A.1. This language, which differs from the national settlement agreements, potentially allows for greater law enforcement uses of funds from this share. ↑

5. Florida Opioid Allocation and Statewide Response Agreement, Sec. B.4(a). See also 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“Funds are disbursed directly to 247 cities and counties, and do not flow through the Department. Cities and counties determine how funds are expended in accordance with the permissible uses outlined in the Statewide Response Agreement provided by the Office of the Attorney General”). ↑

6. Florida Opioid Allocation and Statewide Response Agreement, Sec. B.4(e) (“The comingling Municipalities shall provide a copy of that agreement to the State and any settlement administer to ensure that monies are directed consistent with such agreement. The County or Municipality receiving any such Opioid Funds shall assume the responsibility for reporting how such Opioid Funds were utilized under this Agreement”). ↑

7. Fla Stat. Sec. 397.355(4)(a). ↑

8. Fla Stat. Secs. 397.355(4)(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”). See also Florida Opioid Allocation and Statewide Response Agreement, Secs. B.6(h)-(i). See also 2023 Annual Report. Florida Statewide Council on Opioid Abatement. December 1, 2023. Accessed August 19, 2024 (“The Department has provided forms to allow for cities and counties to begin reporting expenditures of city/county funds. The first data reported by cities and counties will be included in the next annual report”). ↑

9. Fla Stat. Secs. 397.355(4)(i) (“By each December 1, 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 in the coming fiscal year to respond to the opioid epidemic”), (j). ↑