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Last modified
6/29/2021 9:51:39 AM
Creation date
6/28/2021 2:13:16 PM
Metadata
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Resolutions
Resolution Number
2021-041
Approved Date
06/15/2021
Agenda Item Number
8.G.
Resolution Type
Opiod Litigation
Entity Name
State of Florida
Subject
Authorization to join with the State and other local governments in a Memorandum of Understanding
(MOU) for a unified plan (the Florida Plan) for allocation of settlement funds
to abate and resolve the opioid epidemic (ref 2021-)
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l 5. "Qualified County" shall mean a charter or non -chartered county within the State <br />that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is <br />a member or operates in connection with its municipalities or others on a local or regional basis; <br />(b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid <br />epidemic; (c) is currently either providing oris contracting with others to provide substance abuse <br />prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement <br />with a majority of Municipalities (Majority is more than 50% of the Municipalities' total <br />population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified <br />County will only include Opioid Funds for Municipalities whose claims are released by the <br />Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. <br />16. "SAMHSA" shall mean the U.S. Department of Health & Human Services, <br />Substance Abuse and Mental Health Services Administration. <br />17. "Settlement" shall mean the negotiated resolution of legal or equitable claims <br />against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered <br />into by the State and Local Governments or a settlement class as described in (13)(1) below. <br />18. "State" shall mean the State of Florida. <br />B. Terms <br />1. Only Abatement - Other than funds used for the Administrative Costs and Expense <br />Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall <br />be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action <br />with Local Governments as Parties or add Local Governments to its existing action, sever settling <br />defendants, and seek entry of a consent order or other order binding both the State, Local <br />Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part <br />of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of <br />a state court to address non-performance by any party under the Order. Any Local Government that <br />objects to or refuses to be included under the Order or entry of documents necessary to effectuate a <br />Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be <br />distributed to, and for the benefit of, the other Local Governments. <br />2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish <br />to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for <br />the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize <br />a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the <br />programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department <br />of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States' <br />agreement to limit or reduce the United States' ability to recover or recoup monies from the State <br />and Local Government in exchange for prioritization of funds to certain projects. If no agreement <br />is reached with the United States, then there will be no requirement that a percentage be utilized <br />for Core Strategies. <br />
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