2022-R-03 - ILA - Opioid Settlement FundsRESOLUTION NO. 2022-R-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE
MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT
GOVERNING USE OF VOLUSIA COUNTY REGIONAL
OPIOID SETTLEMENT FUNDS; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a local, state and national crisis arose as a result of the manufacture,
distribution and over -prescribing of opioid analgesics ("opioids") and resulted in opioid
overdoses and addictions throughout municipalities, counties, states and the nation; and
WHEREAS, Volusia County and the municipalities therein are not immune from this
nationwide crisis; and
WHEREAS, in April of 2021, a collaborative working group known as the Volusia
County Opioid Task Force, hereinafter "Opioid Task Force", consisting of various
knowledgeable staff of the local government entities assembled in response to the alarming
increase in opioid related drug misuse and opioid -related deaths within the geographic
boundaries of Volusia County; and
WHEREAS, the opioid crisis is as pronounced within Volusia County and within certain
municipalities within Volusia County as it was throughout most of the harder hit areas in the
state of Florida and in the United States and despite the resources expended on combatting the
epidemic, the opioid epidemic continues to impact the local community; and
WHEREAS, as a result of the national opioid crisis, many governmental entities
throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers,
hereinafter referred to as the "defendants", to hold them accountable for the damage caused by
their misfeasance, nonfeasance and malfeasance, as well as to recover monetary damages for
past harm and financial compensation for ongoing and future abatement efforts; and
2022-R-03 1
WHEREAS, the lawsuits filed by the MDL Cities and the County were consolidated
with other lawsuits filed by state, tribal and local governmental entities into what is known as the
National Prescription Opiate Litigation in the United States District Court of the Northern
District of Ohio, Eastern Division, case number 1: 17 -MD -2804 and
WHEREAS, the Attorney General has proposed entering into agreements with local
governments within the State of Florida to receive Settlement funds. This agreement (hereinafter
referred to as the "State MOU"), as currently drafted, divides settlement funds into three portions
designated as City County, Regional and State funds; and
WHEREAS, the parties recognize that local control over Regional Settlement funds is in
the best interest of all persons within the geographic boundaries of Volusia County and ensures
that Settlement funds are available and used to address opioid -related impacts within Volusia
County and are, therefore, committed to the County qualifying as a "Qualified County" and
thereby receiving Regional funds pursuant to the State MOU; and
WHEREAS, the State MOU requires that in order for Volusia County to become a
Qualified County eligible to receive Regional Funding, there must be an Interlocal agreement
among Volusia County and Municipalities (attached hereto and incorporated as Exhibit "A"), as
defined in the MOU, with combined population exceeding 50% of the total population of the
Municipalities within Volusia County, with the term "Municipalities" being defined for the
purpose in this Agreement as those municipalities with a population of 10,000 or more as
required by the State MOU; or with population less than 10,000 who were party plaintiffs;
population for purposes of the MOU is determined by specific Census data; and
WHEREAS, this Interlocal agreement provides for the appointment to the Opioid
Abatement Funding Advisory Board, which shall review and make recommendations on Volusia
2022-R-03 2
ka
County's abatement plan and funding considerations consistent with the abatement plan and
State MOU.
WHEREAS, the parties recognize that it is in the best interest of the County and the
Cities to enter into this Interlocal agreement to ensure Volusia County is a "Qualified County" to
receive Regional Funding pursuant to the State MOU.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1. Execution of this Agreement by the County and the governing bodies of the
municipalities as required by the State MOU enables Volusia County to become a
Qualified County and directly receive Volusia County Regional Funding.
Section 2. Volusia County Regional Funding will be used in accordance with the
requirements of the State MOU, and guidelines set forth by a board established by this
Interlocal Agreement (hereinafter referred to as the "Opioid Abatement t Funding .
Advisory Board" or "Advisory Board"), which will include utilizing it&rmation., data, _r
and projections provided by the Opioid Taskforce. -- =
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Section 3. The Mayor is hereby authorized to execute the Interlocal Agreement
Governing Use of Volusia County Regional Opioid Settlement Funds.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 5. This resolution shall take effect upon adoption.
2022-R-03
3
After Motion to approve by (I i >1P l OJ I ':rfyi-1 0 0 i . with
Second by �'�lhid rY�(a 1 14L1 }v�/� the vote on this resolution was
as follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
AYE NAY
X
PASSED AND DULY ADOPTED this 10`h day of January, 2022.
PGCJ:JTv
7 'h
'I['Es :40 r.
ljea�
Bonnie Brown, CMC
City Clerk
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
Approved by the City Council of the City of Edgewater at a
meeting held on this 10'" day of January, 2022, under Agenda
Item No 8 1
2022-R-03 4
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
n
W1
!^
EXHIBIT 46A"
INTERLOCAL AGREEMENT GOVERNING USE OF VOLUSIA COUNTY REGIONAL
OPIOID SETTLEMENT FUNDS
2022-R-03
INTERLOCAL AGREEMENT GOVERNING USE OF VOLUSIA COUNTY
REGIONAL OPIOID SETTLEMENT FUNDS
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of
this day of
2021, by and between Volusia County, a political
subdivision of the State of Florida, hereinafter referred to as the "County," and the City of
Daytona Beach, the City of Daytona Beach Shores, the City of DeBary, the City of DeLand,
the City of Deltona, the City of Edgewater, the City of Holly Hill, the City of Lake Helen, the
City of New Smyrna Beach, the City of Oak Hill; the City of Orange City; the City of
Ormond Beach; the Town of Pierson; the Town of Ponce -Inlet; the City of Port Orange; and
the City of South Daytona; hereinafter referred to as the "Cities."
WHEREAS, a local, state and national crisis arose as a result of the manufacture,
distribution and over -prescribing of opioid analgesics ("opioids") and resulted in opioid /00''�
overdoses and addictions throughout municipalities, counties, states and the nation; and
WHEREAS, Volusia County and the municipalities therein are not immune from this
nationwide crisis; an
WHEREAS, in April of 2021, a collaborative working group known as the Volusia
County Opioid Task Force, hereinafter "Opioid Task Force", consisting of various
knowledgeable staff of the local government entities assembled in response to the alarming
increase in opioid related drug misuse and opioid -related deaths within the geographic
boundaries of Volusia County; and
WHEREAS, the Opioid Task Force will continue to provide local governments with
relevant information on the opioid national crises as well as information and analysis on the
Interlocal for Opioid Regional Settlement Funds
Page 1 of 29
/00,11)
nature, extent, and problems in Volusia County and on opioid -related programs consistent
with the State MOU; and
WHEREAS, the crisis has caused and is causing an undue strain on local government
finances to implement programing to combat the opioid epidemic, to mitigate the harmful
effects of the opioid epidemic in the community, and to increase educational campaigns to
counteract misinformation about the addictive nature and harmful effects of opioids; and
WHEREAS, the opioid crisis is as pronounced within Volusia County and within
certain municipalities within Volusia County as it was throughout most of the harder hit areas
in the state of Florida and in the United States and despite the resources expended on
combatting the epidemic, the opioid epidemic continues to impact the local community; and
WHEREAS, as a result of the national opioid crisis, many governmental entities
throughout the country filed lawsuits against opioid manufacturers, distributors, and retailers,
hereinafter referred to as the "defendants", to hold them accountable for the damage caused
by their misfeasance, nonfeasance and malfeasance, as well as to recover monetary damages
for past harm and financial compensation for ongoing and future abatement efforts; and
WHEREAS, four governmental entities in Volusia County deemed the opioid crisis
significant enough to secure litigation counsel and individually elect to file suit against the
defendants to wit: Deltona, Daytona Beach, Ormond Beach, and Daytona Beach Shores,
(hereinafter referred to as the "MDL Cities") and the County; and
WHEREAS, the lawsuits filed by the MDL Cities and the County were consolidated
with other lawsuits filed by state, tribal and local governmental entities into what is known as
Interlocal for Opioid Regional Settlement Funds
Page 2 of 29
the National Prescription Opiate Litigation in the United States District Court of the Northern
District of Ohio, Eastern Division, case number 1: 17 -MD -2804; and
WHEREAS, as a result of this litigation, multiple defendants have begun to negotiate
settlements; and
WHEREAS, the Attorney General for the State of Florida (hereinafter "Attorney
General") anticipates that Settlement funds will be distributed to the State of Florida over
multiple years as part of a global settlement, and not directly to the MDL Cities and County,
despite their position as party plaintiffs; and
WHEREAS, the Attorney General has proposed entering into agreements with local
governments within the State of Florida to receive Settlement funds. This agreement
(hereinafter referred to as the "State MOU"), as currently drafted, divides settlement funds
into three portions designated as City County, Regional and State funds; and /00*�
WHEREAS, it is anticipated that the State MOU will set forth the amount and manner
of distribution of City/County and Regional Settlement funds within Florida, the requirements
to receive and manage Regional funds, and the purposes for which Regional funds may be
used. The approved uses in the State MOU for which Regional funds may be used are
attached as Exhibit A; and
WHEREAS, the parties recognize that local control over Regional Settlement funds is
in the best interest of all persons within the geographic boundaries of Volusia County and
ensures that Settlement funds are available and used to address opioid -related impacts within
Volusia County and are, therefore, committed to the County qualifying as a "Qualified
County" and thereby receiving Regional funds pursuant to the State MOU; and
Interlocal for Opioid Regional Settlement Funds
Page 3 of 29
eoll1
WHEREAS, Volusia County is currently providing or contracting to provide substance
abuse, prevention, recovery, and/or treatment services to the citizens in Volusia County; and
WHEREAS, Volusia County currently has programs and policies for abatement of
opioid and other substance abuse, prevention, recovery, or treatment services that may be
enhanced or supplemented, including, but not limited to: carrying of Narcan by law
enforcement officers, first responders, and corrections officers; pro -active support systems
such as educational materials and services to reach at -risk individuals identified through
historical opioid events and historical locations of events; as well as intervention for
individuals suffering from opioid abuse in the criminal justice system; and
WHEREAS, the State MOU requires that in order for Volusia County to become a
Qualified County eligible to receive Regional Funding, there must be an interlocal agreement
among Volusia County and Municipalities, as defined in the MOU, with combined population
exceeding 50% of the total population of the Municipalities within Volusia County, with the
term "Municipalities" being defined for the purpose in this Agreement as those municipalities
with a population of 10,000 or more as required by the State MOU; or with population less
than 10,000 who were party plaintiffs; population for purposes of the MOU is determined by
specific Census data; and
WHEREAS, historically, government -funded programming geared toward abating the
opioid crisis has been data driven based upon community impacts without regard to
governmental jurisdictional boundaries; and
WHEREAS, this interlocal provides for the appointment to the Opioid Abatement
Funding Advisory Board, which shall review and make recommendations on Volusia
Interlocal for Opioid Regional Settlement Funds
Page 4 of 29
5
County's abatement plan and funding considerations consistent with the abatement plan and
State MOU; and
WHEREAS, the parties recognize that it is in the best interest of the County and the
Cities to enter into this interlocal agreement to ensure Volusia County is a "Qualified County"
to receive Regional Funding pursuant to the State MOU.
NOW, THEREFORE, in consideration of the covenants herein contained, and other
good and valuable consideration, the patties agree as follows:
Section 1. DEFINITIONS
A. Unless otherwise defined herein, all defined terms in the State MOU are
incorporated herein and shall have the same meanings as in the State MOU.
B. "Volusia County Regional Funding" shall mean the amount of the Regional
Funding paid to Volusia County in its role as a Qualified County. P0�
Section 2. CONDITIONS PRECEDENT
This Agreement shall become effective on the Commencement Date set forth in
Section 4, so long as the following conditions precedent have been satisfied:
A. Execution of this Agreement by the County and the governing bodies of the
municipalities as required by the State MOU to enable Volusia County to become
FI
Qualified County and directly receive Volusia County Regional Funding; and
B. Execution of all documents necessary to effectuate the State MOU in its final
form; and
C. Volusia County being determined by the State of Florida to qualify as a "Qualified
County" to receive Regional Funding under the State MOU; and
Interlocal for Opioid Regional Settlement Funds
Page 5 of 29
O
D. Filing of this Agreement with the Clerk of the Circuit Court for Volusia County as
required by Florida Statutes, Section 163.01.
Section 3. EXECUTION
This Agreement may be signed in counterparts by the parties hereto.
Section 4. TERM
The term of this Agreement and the obligations hereunder commences upon the
satisfaction of all conditions precedent, runs concurrently with the State MOU, and will
continue until one (1) year after the expenditure of all Volusia County Regional Funding,
unless otherwise terminated in accordance with the provisions of the State MOU. Obligations
under this Agreement which by their nature should survive, including, but not limited to any
and all obligations relating to record retention, audit, and indemnification will remain in
effect after termination or expiration of this Agreement..
Section 5. BOARD
A. Volusia County Regional Funding will be used in accordance with the
requirements of the State MOU, and guidelines set forth by a board established by
this Interlocal Agreement (hereinafter referred to as the "Opioid Abatement
Funding Advisory Board" or "Advisory Board"), which will include utilizing
information, data, and projections provided by the Opioid Taskforce.
i. Opioid Abatement Funding Advisory Board membership shall be
comprised of the following members, who should have experience
with law enforcement, fire rescue, substance abuse treatment, or
other relevant experience, appointed for two-year terms:
Interlocal for Opioid Regional Settlement Funds
Page 6 of 29
I . One member appointed by the City of Daytona Beach;
2. One member appointed by the City of Daytona Beach
Shores;
3. One member appointed by the City of DeBary;
4. One member appointed by the City of DeLand;
5. One member appointed by the City of Deltona;
6. One member appointed by the City of Edgewater;
7. One member appointed by the City of Holly Hill;
8. One member appointed by the City of Lake Helen;
9. One member appointed by the City of New Smyrna Beach;
10. One member appointed by the City of Oak Hill;
11. One member appointed by the City of Orange City; /tet
12. One member appointed by the City of Ormond Beach;
13. One member appointed by the Town of Pierson;
14. One member appointed by the Town of Ponce Inlet;
15. One member appointed by the City of Port Orange;
16. One member appointed by the City of South Daytona;
17. One member appointed by the Volusia County Council.
B. The Opioid Abatement Funding Advisory Board shall meet regularly and as often
as needed to effectuate its responsibilities, but no less than semi-annually and on a
schedule which allows the Opioid Task Force to provide the data compiled for and
arising out of its semi-annual meeting to the Opioid Abatement Funding Advisory
Interlocal for Opioid Regional Settlement Funds
Page 7 of 29
Board for review and consideration. A majority of the total membership of the
Opioid Abatement Funding Advisory Board constitutes a quorum.
C. The Opioid Abatement Funding Advisory Board shall establish bylaws and an
annual process which must include the following:
a. A date certain each year by which the Opioid Abatement Funding Advisory
Board must meet and review the data available from previous years,
tending to evidence the local status of the opioid epidemic and the effect of
abatement programming.
b. A member of the Advisory Board shall abstain from voting on a proposal
for funding a program or service provided by that member's local
government.
c. The Opioid Abatement Funding Advisory Board must review the programs
and services of the beneficiaries of Volusia County Regional Funds to
determine the outcome of such programs and services in order to hold
beneficiaries accountable.
d. The Opioid Abatement Funding Advisory Board must annually make
recommendations on funding, programs, services, and location priorities
for the upcoming year(s) ("Opioid Abatement Funding Advisory Board
Priority List," "Priority List," or "Abatement Plan"). County Council shall
have final approval of the Abatement Plan, or any amendments thereto.
D. The County shall perform competitive solicitations for programming and services
based on the Opioid Abatement Funding Advisory Board Priority List in
Interlocal for Opioid Regional Settlement Funds
Page 8 of 29
accordance with the procurement process in Chapter 2 of the Code of Ordinances,
County of Volusia.
E. Volusia County Regional Funding may be used to enhance current programs or
develop new programs consistent with the State MOU. Regional funding is not
intended to supplant current funding sources and general funds, and staff will
continue to seek funding for opioid related abatement at the levels opioid
abatement programs were funded as of the effective date of this agreement.
F. Final Review recommendations will be approved by the Opioid Abatement
Funding Advisory Board, who shall present recommendations to the County
Council for approval. The County Council shall approve Opioid Abatement
Funding Advisory Board recommendations by a majority vote of the members
present unless the County Council rejects such recommendations by a majority e"O�
vote of the County Council members present. In the event of such rejection, the
County Council shall determine and approve by a majority vote of the members
present the expenditure of the Regional Funds in accordance with the State MOU.
G. The Opioid Abatement Funding Advisory Board shall recommend and the County
Council shall use its best efforts to fund services and programs that are available
to all residents of Volusia County and shall strive to allocate funding and services
in a manner that equally benefits all residents of Volusia County.
Section 6. ADMINISTRATIVE COSTS
The County is responsible for administering the "Regional Funds" remitted pursuant
to the State MOU and, therefore County staff will support the Opioid Abatement Funding
Interlocal for Opioid Regional Settlement Funds
Page 9 of 29
Advisory Board and shall provide all support services including but not limited to legal
services, as well as contract management, program monitoring, and reporting required by the
State MOU and is entitled to the maximum allowable administrative fee pursuant to the State
MOU. The administrative fee will be deducted annually from the amount of available
Volusia County Regional Funds, and the remaining Volusia County Regional Funds will be
spent as provided in the State MOU and as provided herein.
Section 7. LOCAL GOVERNMENT REPORTING REQUIREMENTS
To the extent that local governmental entity receives Volusia County Regional Funds
directly from the County, any local governmental entity so receiving funds must spend such
funds for Approved Purposes and must timely satisfy all reporting requirements of the MOU.
Failure to comply with this provision may disqualify the local governmental entity from
further direct receipt of Volusia County Regional Funds.
Section 8. NON -APPROPRIATION
This Agreement is not a general obligation of the County. It is understood that neither
this Agreement nor any representation by any County official, officer or employee creates any
obligation to appropriate or make monies available for the purposes of the Agreement beyond
the fiscal year in which this Agreement is executed. The obligations of the County as to
funding required pursuant to the Agreement are limited to an obligation in any given fiscal
year to budget and appropriate from Volusia County Regional Funds annually which are
designated for regional use pursuant to the terms of the State MOU. No liability shall be
incurred by the County beyond the monies budgeted and available for the purpose of the
Agreement. If funds are not received by the County for any or all of this Agreement for a new
Interlocal for Opioid Regional Settlement Funds
Page 10 of 29
fiscal period, the County is not obligated to pay or spend any sums contemplated by this
Agreement beyond the portions for which funds were received and appropriated. The County
agrees to promptly notify the Cities in writing of any subsequent non -appropriation, and upon
such notice, this Agreement will terminate on the last day of the current fiscal year without
penalty to the County and all undistributed funds will be spent for programs previously
proposed by the Opioid Abatement Funding Advisory Board and adopted by the County
Council.
Section 9. INDEMNIFICATION
Each City and the County shall be responsible for their respective employees' acts of
negligence when such employees are acting within the scope of their employment and shall
only be liable for any damages resulting from said negligence to the extent permitted by
Section 768.28, Florida Statues. Nothing herein shall be construed as a waiver of sovereign /000�
immunity, or the provisions of F S. § 768.28, by either Party. Nothing herein shall be
construed as consent by either Party to be sued by third parties for any matter arising out of this
Agreement.
Section 10. SEVERABILITY
If any provision of this Agreement is held invalid, the invalidity shall not affect other
provisions of the Agreement which can be given effect without the invalid provision or
application, and to this end, the provisions of this Agreement are severable.
Section 1 I AMENDMENTS TO AGREEMENT
This Agreement may be amended, in writing, upon the express written approval of the
governing bodies of all the parties.
Interlocal for Opioid Regional Settlement Funds
Page 11 of 29
Section 12. FILING OF AGREEMENT
This Agreement shall be filed with the Clerk of the Circuit court as provided in Section
163.01(11), Florida Statutes.
Section 13. GOVERNING LAW
The laws of the State of Florida shall govern this Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to
be affixed hereto by the proper officers thereof, as of the day and year first above written.
[SIGNATURE PAGES TO FOLLOW]
Interlocal for Opioid Regional Settlement Funds
Page 12 of 29
ATTEST:
COUNTY OF VOLUSIA, a political
subdivision of the State of Florida
W
George Recktenwald Jeffrey S. Brower
County Manager County Chair
DATE:
Interlocal for Opioid Regional Settlement Funds
Page 13 of 29
ATTEST:
DATE:
CITY OF DAYTONA BEACH, a
Florida municipal corporation
w
Derrick Henry
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 14 of 29
ATTEST:
DATE:
CITY OF DAYTONA BEACH
SHORES, a Florida municipal
corporation
IM
Nancy Miller
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 15 of 29
ATTEST: CITY OF DEBARY, a Florida
municipal corporation
DATE:
r�1
w
Karen Chasez
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 16 of 29
ATTEST: CITY OF DELAND, a Florida
municipal corporation
DATE:
Robert F. Apgar
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 17 of 29
ATTEST:
DATE:
CITY OF DELTONA, _ .. a. Florida
municipal corporation �. ;_•,.'
BY:
Heidi K. Herzberg
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 18 of 29
n
ATTEST:
I to I
� r
BALI 'k,"A
DATE: I aGd
CITY OF EDGEWATER, a Florida
municipal corporation
eoN
Interlocal for Opioid Regional Settlement Funds
Page 19 of 29
ATTEST: CITY OF HOLLY HILL, a Florida
municipal corporation
DATE:
M
Chris Via
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 20 of 29
ATTEST:
DATE:
CITY OF LAKE HELEN, a Florida
municipal corporation
w
Cameron Lane
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 21 of 29
ATTEST: CITY OF NEW SMYRNA BEACH, a
Florida municipal corporation
DATE:
IM
Russ Owen
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 22 of 29
ATTEST:
DATE:
CITY OF OAK HILL, a Florida
municipal corporation
w
Douglas A. Gibson
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 23 of 29
W
ATTEST:
DATE:
CITY OF ORANGE CITY, a Florida
municipal corporation
w
Gary Blair
Mayor
Interlocal for Opioid. Regional Settlement Funds
Page 24 of 29
ATTEST:
DATE:
CITY OF ORMOND BEACH, a
Florida municipal corporation
M
Bill Partington
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 25 of 29
n
ATTEST: TOWN OF PIERSON, a Florida
municipal corporation
DATE:
Mm
Samuel G.S. Bennet
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 26 of 29
ATTEST:
DATE:
TOWN OF PONCE INLET, a Florida
municipal corporation
M
Gary Smith
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 27 of 29
ATTEST: CITY OF PORT ORGANGE, a Florida
municipal corporation
DATE:
Donald O. Burnette
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 28 of 29
ATTEST:
DATE:
CITY OF SOUTH DAYTONA, a
Florida municipal corporation
jo-M
William C. Hall
Mayor
Interlocal for Opioid Regional Settlement Funds
Page 29 of 29
TO L CAL POL ITICA L SUBDI VISJONS',,
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If your subdivision is represented by an attorney with respect to opioid claims, please immediately contact them.
After years of negotiations, two proposed nationwide settlement agreements ("Settlements") have been reached
that Would resolve all opioid litigation brought by states and local political subdivisions against the three largest
pharmaceutical distributors, McKesson, Cardinal Health and ArneriSOUrceBergen ("Distributors"), and one
manufacturer, Janssen PharitiacCLiticals, Inc., and its parent company Johnson & Johnson (collectively, "Janssen").
The proposed Settlements require the Distributors and Janssen to pay billions of dollars to abate the opioid
epidemic. Specifically, the Settlements require the Distributors to pay up to $21 billion over 18 years and Janssen
to pay LIP, to $5 billion over no more than 9 years, for a total of $26 billion (the "Settlement An -101.111C). Of the
Settlement Amount, approximately $22.7 billion is earmarked for use by participating states and subdivisions to
remediate and abate the impacts of the opioid crisis.
The Settlements also contain injunctive relief provisions governing the opioid marketing, sale and distribution
practices at the heart of the states' and subdivisions' lawsuits and further require the Distributors to implement
additional safeguards to prevent diversion of prescription opioids.
Each of the proposed Settlements has two key participation steps. First, each state decides whether to participate
in the Settlements. The State of Florida has joined both Settlements. Second, the subdivisions within each
participating state must then decide whether to participate in the Settlements. Generally, the more subdivisions
that participate, the greater the amount of funds that -now to that state and its participating subdivisions. Any
subdivision that does not participate cannot directly share in any of the settlement funds, even if the subdivision's
state is settling and other participating subdivisions are sharing in settlement ftinds.
This letter is part of the formal notice required by the Settlements.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
You are receiving this letter because the State of Florida has elected to participate in both of the two national
Settlements against (1) the Distributors, and (2) Janssen, and your subdivision may participate in the Settlements
to which your state has agreed. This notice is being sent directly to subdivisions and Also to attorneys for
subdivisions that we understand are litigating against these companies. If you are represented by an attorney with
respect to opioid claims, please immediately contact them. Please note that there is no need for subdivisions to be
represented by an attorney or to have filed a lawsuit to participate in the Settlements. t,
WHERE CAN YOU FIND MORE INFORMATION?
This letter is intended to provide a brief overview of the Settlements. Detailed information about the Settlements
may be found at: https://nationalopioidsettlement.com/. This national settlement website also includes links to
information about how the Settlements are being implemented in your state and how settlement funds will be
allocated within your state. This website will be supplemented as additional documents are 'created. In addition,
the Florida's Office of Attorney General has also set up a state -specific website, which contains additional state
specific information. It may be found at: http://www.myfloridalegal.com/opioidsettlement.
HOW DO YOU PARTICIPATE IN THE SETTLEMENTS?
First, you must go to the national settlement website to register to receive in the coming wicks and months the
documentation your subdivision will need to participate in the Settlements (if your subdivisibn is eligible).
Second, you must execute and submit all required documentation. Documentation will be submitted electronically
utilizing the "DocuSign" service. In addition, we would ask you to print out your "Docs, Sign" participation
documentation and upload it on Florida's website: http://www.myfloridalegal.com/opioids6ttlement. Once you
reach the State's webpage, click on the "learn more" button and follow the directions from there. As part of the
registration process, your subdivision will need to identify, and provide the email address far, the individual who
will be authorized to sign formal and binding documents on behalf of your subdivision.
Your unique Subdivision Identification Number to use to register is: BL4GX6
HOW WILL SETTLEMENT FUNDS BE ALLOCATED IN EACH STATE?
The settlement funds are first divided among the participating states according to a formul developed by the
Attorneys General that considers population and the severity of harm caused by the opioid epidemic in each
participating state. Each state's share of the abatement funds is then further allocated within 0 ach state according
to agreement between the state and its subdivisions, applicable state allocation legislation, or, in the absence of
these, the default provisions in the agreements.
Many states have or are in the process of reaching an agreement on how to allocat abatement funds
within the states. Allocation agreements/legislation and other information about Ailorida's allocation
agreement can be found on both the national settlement website and Florida's webpaFe. The allocation
section of the website will be supplemented as more intra -state allocation arrangements are finalized:
http://www.myfloridalegal.com/opioidsettlement.
To determine your eligibility to receive, directly or indirectly, any of the funds alloc4ted to your state
should you elect to participate in the Settlements in which your state participates, you should first visit
https://nationalopioidsettlement.com/ or http://www.i-nyfloridalegal.com/opioidsettlement to review the proposed
state -subdivision agreement. The terms of the state -subdivision agreement will govern your eligibility to receive
funds directly or indirectly from the share that is allocated to your state under the national settt�ment agreements.
The proposed state -subdivision agreement that is in the process of being adopted by subdivisions. Any questions
concerning the status or terms of the state -subdivision agreement can be directed to the Attorri6 General's Office
by e-mail sent to fl,opioidlitigation@myfloridalegal.com. ly
You may be contacted by the Attorney General's Office with additional information regarding the allocation of
settlement funds in Florida. Subdivisions with representation can expect information from their attorneys as well.
We encourage you to review all materials and to follow -up with any questions. The terms of these Settlements
are complex and we want to be sure you have all the information you need to make your participation decision.
WHY YOU SHOULD PARTICIPATE
A vast majority of states have joined the Settlements, and attorneys for many subdivisions have already announced
support for them. For example, the Plaintiffs' Executive Committee, charged with leading the litigation on behalf
of more than 3,000 cities, counties and others against the opioid industry, and consolidated in the national multi -
district litigation ("MDL") pending before Judge Dan Aaron Polster in the Northern District of Ohio, recommends
participation in these Settlements.
Subdivision participation is strongly encouraged, for the following reasons:
First, the amounts to be paid under the Settlements, while insufficient to abate the epidemic fully, will allow state
and local governments to commence with meaningful change designed to curb opioid addiction, overdose and
death;
Second, time is of the essence. "The opioid epidemic continues to devastate communities around the country and
it is critical that the funds begin to flow to allow governments to address the epidemic in their communities as
soon as possible,
Third, if there is not sufficient subdivision participation in these proposed Settlements, the Settlements will not
be finalized, the important business practice changes will not be implemented, the billions of dollars in abatement
funds will not flow to communities, and more than 3,000 cases may be sent back to their home courts for trial,
which will take many years;
Fourth, the extent of participation also will determine how much money each state and its local subdivisions
will receive because approximately half of the abatement funds are in the form of "incentive payments," i.e., the
higher the participation of subdivisions in a state, the greater the amount of settlement funds that flow into that
state;
Fifth, you know first-hand the effects of the opioid epidemic on your community. Funds from these Settlements
will be used to commence abatement of the crisis and provide relief to your citizens while litigation and settlement
discussions proceed against numerous other defendants in the opioid industry;
Sixth, because pills do not respect boundaries, the opioid epidemic is a national crisis that needs a national
solution.
1".14, ILIVAQ.
These Settlements require that you take affirmative steps to "opt in" to the Settlements. If you do not act, you
will not receive any settlement funds and you will not contribute to reaching the participation thresholds that will
deliver the maximum amount of abatement funds to your state.
First, register your subdivision on the national settlement website so that information and documents required to
participate can be sent to you. You will need the email address of the person who will be authorized to sign on
behalf of your subdivision. This is the only action item needed at this time.
National Opioids Settlements
P.O. Box 43196
Providence, RII 02940-3196
NPD
83
122810017905
Postal Service: Please do not mark barcode
NPD CK -455-589
Michael TNmas
104 North Riverside Drive
Edgewater, FL 32132
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