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06/15/2021
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06/15/2021
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8/26/2021 2:01:46 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/15/2021
Meeting Body
Board of County Commissioners
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If individual subdivisions do not agree to a settlement, what will happen? <br />If there are hold outs or subdivisions that do not respond, the MOU contemplates that the <br />State will either file a new suit or sever its claims against settling defendants from its existing <br />opioid lawsuit and add political subdivisions and through either a class action mechanism or <br />declaratory relief seek to bar future subdivision claims: Such action is necessary to ensure that <br />the State and any subdivisions that agree to a settlement maximize their recoveries. This not a <br />novel position and there is a substantial body of Florida law that exists that the State may resolve <br />and release public claims including subdivision claims..' That being said, the State would prefer <br />that we reach agreement on the allocation under the proposed MOU and handle things <br />consensually. But, if there are holdouts, the State is prepared to litigate or seek legislation from <br />the legislature to ensure that cities and counties that agree to this MOU are protected and will <br />receive the recovery contemplated under the allocation. <br />What are the next steps and the timeline? <br />We would ask that you review the attached MOU and proposed model resolution <br />supporting an agreement on the MOU terms. We will be scheduling calls to answer questions <br />about the MOU. We would ask each subdivision to think about who is attending each session <br />and ensure that any of those discussions will not violate Florida's government -in -the -sunshine <br />law. If you will contact my administrator, Janna Barineau, by e-mail <br />(.larnna.Bai-lneau:crmiN,noridalc�2al.com), we will include you in those discussions. After those <br />discussions, we would then ask that you follow Florida law for approving such a resolution by <br />Your commission and in due course, pass it, and return a copy to me at the address on the first <br />page of the letter. Potential settlements are anticipated in the coming weeks or months, but I <br />cannot tell you exactly when a settlement will be finalised. "these proposed settlements are <br />1 See Fla. Stat. 5501.207(1)(c)(authorizing the Attorney General to bring "[a]n action on <br />behalf of one or more consumers or government entities for actual damages.. "tinder Florida's <br />Deceptive and Unfair `Trade Practices Act); e.g., Eggle v. Liggett Group, hic., 945 So. 2d 1.246, <br />1258-62 (Fla. 2006); Young v. iViami Beach huprovement Co., 46 So. 2d 26, 30 (Fla. 1950); <br />Castro v. Stat Bank of Bal Harbour, 370 So. 2d 392, 393 (Fla. 3d DCA 1979); Cil), q0tell, tell, P01-1 <br />Richey v* Stale e.v rel. O'jllalley, 145 So. 903, 905 (Fla. 2d DCA 1962); also Seale of I"lorida cis <br />rel. SheviIl V. E.Y on Crnp., 526 F.2d 266, 275 (5"' Cir. 1976) (holding that the Attorney General <br />could file suit seeking damages for injuries sustained by government entities who had not <br />specifically authorized tine Attorney General to do so); Eggers v. City of Ke), JVesl, 2007 WL <br />9702450, at *3 (S.D. Fla. Feb. 26, 2007) (concluding "[a]pplicablc Florida law states that a <br />judgment in an action brought against a public entity that adjudicates matters of general interest <br />to the citizens of the jurisdiction is binding on all citizens of that jurisdiction."); Aerojel-General <br />Corp. v. Aske»>, 3661. Supp. 901, 908-11 (N.D. Fla. 1973). <br />Page 6 of 7 <br />58 <br />
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