Submitted By: Tiffany Kimball
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Presentation By: Clint Welborn
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Department: Fire and Emergency Services
STAFF RECOMMENDATION (Motion Ready):
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Approve Interlocal Agreement with the Marion County Board of County Commissioners for the administration and expenditure of opioid settlement funds
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence, Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
Because of continued opioid impacts, the State of Florida filed an action pending in Pasco County, Florida re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the “Opioid Litigation”) with the City of Ocala and Marion County as litigating participants in that action. The State of Florida and lawyers representing various local governments involved in the Opioid Litigation have proposed the “Florida Plan” for the allocation and use of prospective settlement dollars from opioid litigation in that action. These settlement funds will be distributed over approximately an 18-year payment period.
The City and County have approved the current draft of the Florida Memorandum of Understanding (“the Florida Plan”), which sets forth a framework for a unified plan of the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the Florida Plan will be entered into at a future date.
The Florida Plan provides a City/County Fund which will receive 15% of all Opioid Funds to directly benefit the City/County members, along with a Regional Fund paid to each Qualifying County. The Regional Funds’ share of Opioid Funds varies from 40% yearly at the beginning of the Plan, down to 30% for the final ending years of 16 through 18 of the Plan.
The City and County recognize that local control over settlement funds is in the best interest of all persons within the geographic boundaries of Marion County, and the City and County wish for the County to be a “Qualified County” and receive Regional funds pursuant to the Florida Plan.
FINDINGS AND CONCLUSIONS:
Pursuant to the Florida Plan, such Opioid Funds must be expended towards strategies, programming, and services used to expand the availability of treatment for individuals impacted by substance use disorders, and to: (a) develop, promote, and provide evidence-based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids, and (d) support recovery from addiction.
The City and County have agreed to form a Joint Opioid Settlement Fund Administration Committee with members comprised of various governmental, judicial, law enforcement and community support members. The City and County will work soon to draft an amendment to this agreement that will detail out the Committee’s responsibilities and authority for the expenditure of these opioid settlement funds over the expected 18-year payment period.
FISCAL IMPACT:
Besides staff time utilized, there will be no fiscal impact caused to implement this Interlocal Agreement to administer the expenditure of opioid settlement funds.
PROCUREMENT REVIEW:
This agreement has been reviewed and approved in compliance with the City’s procurement policies.
LEGAL REVIEW:
The agreement has been reviewed and approved for form and legality by the City Attorney, Robert W. Batsel, Jr.
ALTERNATIVE:
If the City does not approve an interlocal agreement with the County to be designated as a Qualified County, the settlement funds would be paid to the State’s Managing Entity for Marion County, Lutheran Services Florida, for further disbursement under their protocols, which are unknown at this time.