HomeMy Public PortalAbout2021-51 Approving the Florida MOU with the State of Florida and other participating local government units for the allocation and use of opioid settlement funds to abate and resolve the opioid epidemicRE S O L U T IO N N O . 2 0 2 1 -5 1
A RE S O L U T I O N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F K E Y B I S C A Y N E , F L O RI D A , A P P R O V IN G
T H E F L O RI D A M E M O RA N D U M O F U N D E R S T A N D IN G
W IT H T H E S T A T E O F F L O RI D A A N D O T H E R
P A R T I C I P A T IN G L O C A L G O V E R N M E N T U N IT S F O R
T H E A L L O C A T I O N A N D U S E O F O P I O ID S E T T L E M E N T
F U N D S T O A B A T E A N D RE S O L V E T H E O P IO ID
E P I D E M IC ; P R O V ID IN G F O R A U T H O RI Z A T I O N ;
P R O V ID IN G F O R IM P L E M E N T A T IO N ; P R O V ID IN G F O R
T RA N S M IT T A L ; A N D P R O V ID IN G F O R A N E F F E C T IV E
D A T E .
W H E RE A S , the Village of Key Biscayne (the "Village") has suffered harm from the
opioid epidemic; and
WHEREAS, the Village recognizes that the entire State of Florida has suffered harm as a
result of the opioid epidemic; and
WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and
a number of Florida municipalities, including the Village, and counties have also filed an action
In Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid
Litigation"); and
WHEREAS, the State of Florida and lawyers representing certain vanous local
governments involved in the Opioid Litigation have proposed a unified plan for the allocation and
use of prospective settlement dollars from opioid related litigation; and
WHEREAS, the Florida Memorandum of Understanding (the "MOU") sets forth a
framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and
it is anticipated that formal agreements implementing the MOU will be entered into at a future
date; and
Page I of3
W HERE AS, participation in the MOU by a large majority of Florida municipalities and
counties will materially increase the amount of funds to Florida and should improve Florida's
relative bargaining position during additional settlement negotiations; and
W HERE AS, failure to participate in the MOU will reduce funds available to the State, the
Village, and other Florida local governments; and
WHERE AS, the Village finds that participation in the MOU is in the best interest of the
Village and its citizens in that such plan ensures that almost all of the settlement funds will be
allocated to abate and resolve the opioid epidemic and that every municipality and county receives
funds for the harms suffered due to the opioid epidemic; and
WHERE AS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE , BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval. That the Village Council hereby approves the MOU, in substantially
the form attached hereto as Exhibit "A."
Section 3. Authorization. That the Village Manager is hereby authorized to execute the
MOU, in substantially the form attached hereto as Exhibit "A," and any required or related agreements,
amendments, or documents which are required to implement the purposes of this Resolution and the
MOU, subject to the approval of the Village Attorney as to form, content, and legal sufficiency.
Section 4. Implementation. That the Village Manager is hereby authorized to take all
actions necessary to implement the purposes of this Resolution and the MOU
Page 2 of3
Section 5. Transm ittal. That the Village Council hereby directs the Village Clerk to
transmit a copy of this Resolution to the Florida Attorney General Ashley Moody, the Florida League of
Cities, and the Miam i-Dade County League of Cities.
Section 6.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this~ day of N~ov...,e=m=b=e:....r _,, 2021.
~A-•~_O_R _ __..,,,__
ATTEST:
JOC YNB.
VILLAGE CLE
WEISS SEROT A HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 3 of3
PROPOSAL
MEMORANDUM OF UNDERSTANDING
Whereas, the people of the State of Florida and its communities have been harmed by
misfeasance, nonfeasance and malfeasance committed by certain entities within the
Pharmaceutical Supply Chain;
Whereas, the State of Florida, through its Attorney General, and certain Local
Governments, through their elected representatives and counsel, are separately engaged in
litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage
caused by their misfeasance, nonfeasance and malfeasance;
Whereas, the State of Florida and its Local Governments share a common desire to abate
and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State
of Florida;
Whereas, it is the intent of the State of Florida and its Local Governments to use the
proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the
amount of funding presently spent on opioid and substance abuse education, treatment and other
related programs and services, such as those identified in Exhibits A and B, and to ensure that
the funds are expended in compliance with evolving evidence-based "best practices";
Whereas, the State of Florida and its Local Governments, subject to the completion of
formal documents that will effectuate the Parties' agreements, enter into this Memorandum of
Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements
described herein; and
Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not
legally enforceable, and only provides a basis to draft formal documents which will effectuate
the Parties' agreements.
A. Definitions
As used in this MOU:
1. "Approved Purpose(s)" shall mean forward-looking strategies, programming and
services used to expand the availability of treatment for individuals impacted by substance use
disorders, 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. Approved
Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A
and B which are incorporated herein by reference.
2. "Local Governments" shall mean all counties, cities, towns and villages located
within the geographic boundaries of the State.
3. "Managing Entities" shall mean the corporations selected by and under contract
with the Florida Department of Children and Families or its successor ("DCF") to manage the
000003/01288125 _ I
d a ily o p e ra t io n a l d e liv e r y o f b e h a v io ra l h e a lth s e r v ic e s th ro u g h a c o o r d in a te d s y s te m o f c a r e .
T h e s in gu la r "M a n a g in g E n tity " s h a ll r e fe r to a s in g u la r o f th e M a n a g in g E n titie s .
4 . "C o u n ty " s h a ll m e a n a p o litic a l s u b d iv is io n o f th e s ta te e s ta b li s h e d p u r s u a n t to s .
1 , A r t. V III o f th e S t a te C o n s t itu t io n .
5 . "M u n ic ip a li t ie s " s h a ll m e a n c it ie s , to w n s , o r v ill a g e s o f a C o u n ty w ith in th e S t a te
w ith a P o p u la t io n gr e a te r th a n 1 0 ,0 0 0 in d iv id u a ls a n d s h a ll a ls o in cl u d e c itie s , to w n s o r v ill a g e s
w it h in th e S t a t e w it h a P o p u la tio n e q u a l to o r le s s th a n 1 0 ,0 0 0 in d iv id u a ls w h ic h fi le d a
C o m p l a in t in th is li tig a tio n a g a in s t P h a rm a c e u tic a l S u p p ly C h a in P a rt ic ip a n ts . T h e s in gu la r
"M u n i c ip a lit y " s h a ll r e fe r to a s in g u la r o f th e M u n ic ip a lit ie s .
6 . "N e g o t ia tin g C o mm itt e e " s h a ll m e a n a thr e e -m e m b e r g ro u p c o m p r is e d b y
r e p r e s e n t a t iv e s o f th e fo ll o w in g : (1 ) th e S ta te ; a n d (2 ) tw o r e p r e s e n ta tiv e s o f L o c a l G o v e rn m e n ts
o f w h ic h o n e r e p r e s e n t a tiv e w ill b e fr o m a M u n ic ip a lity a n d o n e s h a ll b e fr o m a C o u n ty
( c o ll e c t iv e ly , "M e m b e r s ") w it h in th e S t a te . T h e S t a te s h a ll b e re p r e s e n te d b y th e A tt o rn e y
G e n e ra l o r h e r d e s i g n e e .
7 . "N e g o t ia tio n C la s s M e tr ic s " s h a ll m e a n th o s e c o u n ty a n d c ity s e tt le m e n t
a ll o c a t io n s w h ic h c o m e fr o m th e o ffi c ia l w e b s i te o f th e N e g o tia tio n C la s s o f c o u n ti e s a n d c itie s
c e rt ifi e d o n S e p t e m b e r 1 1 , 2 0 1 9 b y th e U.S . D is tri c t fo r th e N o rt h e rn D is tr ic t o f O h io in In re
National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at
https://allocationmap.iclaimsonline.com.
8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as
defined in this MOU.
9. "Opioid Related" shall have the same meaning and breadth as in the agreed
Opioid Abatement Strategies attached hereto as Exhibits A or B.
10. "Parties" shall mean the State and Local Governments. The singular word
"Party" shall mean either the State or Local Governments.
11. "PEC" shall mean the Plaintiffs' Executive Committee of the National
Prescription Opiate Multidistrict Litigation pending in the United States District Court for the
Northem District of Ohio.
12. "Pharmaceutical Supply Chain" shall mean the process and channels through
which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed.
13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in,
or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid
analgesic.
14. "Population" shall refer to published U.S. Census Bureau population estimates as
of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU.
These estimates can currently be found at https://www.census.gov
15. "Q ualifi ed C ounty" shall m ean a chart er or non-chart ered county w ithin the State
that: has a Population of at least 300,000 individuals and (a) has an opioid taskfo rce of w hich it
is a m em ber or opera tes in connection w ith its m unicipalities or others on a local or regional
basis; (b) has an abatem ent plan that has been either adopted or is being utilized to respond to the
opioid epidem ic; ( c) is currently either pro viding or is contra cting w ith others to pro vide
substance abuse prevention, recovery, and treatm ent serv ices to its citizens; and (d) has or enters
into an agr eem ent w ith a m ajori ty of M unicipalities (M ajority is m ore than 50% of the
M un icipalities' total population) related to the expenditu re of O pioid Funds. T he O pioid Funds
to be paid to a Q ualifi ed C ounty w ill only incl ude O pioid Funds fo r M unicipalities w hose cl aim s
are released by the M unicipality or O pioid Funds fo r M unicipalities w hose cl aim s are otherw ise
barr ed.
16. "SA M H SA " shall m ean the U.S . D epart m ent of H ealth & H um an Serv ices,
Substance A buse and M ental H ealth Serv ices A dm inistra tion.
17. "Settlem ent" shall m ean the negotiated resolution of legal or equitable cl aim s
against a Pharm aceutical Supply C hain Part icipant w hen that resolution has been jointly entered
into by the State and L ocal G overnm ents or a settlem ent cl ass as descri bed in (B )(l ) below .
18. "State" shall m ean the State of Florida.
B. Terms
1. Only Abatement - Other than funds used for the Administrative Costs and Expense
Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall
be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new
action with Local Governments as Parties or add Local Governments to its existing action, sever
settling defendants, and seek entry of a consent order or other order binding both the State, Local
Governments, and Pharmaceutical Supply Chain Participantrs) ("Order"). The Order may be part
of a class action settlement or similar device. The Order shall provide for continuing jurisdiction
of a state court to address non-performance by any party under the Order. Any Local Government
that objects to or refuses to be included under the Order or entry of documents necessary to
effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds
shall be distributed to, and for the benefit of, the other Local Governments.
2. Avoid Claw Back and Recoupm ent - Both the State and Local Governments
wish to maximize any Settlement and Opioid Funds. In addition to committing to only using
funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will
agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A
contains the programs and strategies prioritized by the U.S. Department of Justice and/or the
U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain
the United States' agreement to limit or reduce the United States' ability to recover or recoup
monies from the State and Local Government in exchange for prioritization of funds to certain
projects. If no agreement is reached with the United States, then there will be no requirement
that a percentage be utilized for Core Strategies.
3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be
distributed according to the following distribution scheme. The Opioid Funds will be divided
into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below:
(a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to
directly benefit all Counties and Municipalities. The amounts to be distributed to
each County and Municipality shall be determined by the Negotiation Class
Metrics or other metrics agreed upon, in writing, by a County and a Municipality.
For Local Governments that are not within the definition of County or
Municipality, those Local Governments may receive that government's share of
the City/County Fund under the Negotiation Class Metrics, if that government
executes a release as part of a Settlement. Any Local Government that is not
within the definition of County or Municipality and that does not execute a
release as part of a Settlement shall have its share of the City/County Fund go to
the County in which it is located.
(b) Regional Fund- The regional fund will be subdivided into two parts.
(i) The State will annually calculate the share of each County within the
State of the regional fund utilizing the sliding scale in section 4 of the
allocation contained in the Negotiation Class Metrics or other metrics
that the Parties agree upon.
(ii) For Qualified Counties, the Qualified County's share will be paid to the
Qualified County and expended on Approved Purposes, including the
Core Strategies identified in Exhibit A, if applicable.
(iii) For all other Counties, the regional share for each County will be paid to
the Managing Entities providing service for that County. The
Managing Entities will be required to expend the monies on Approved
Purposes, including the Core Strategies. The Managing Entities shall
endeavor to the greatest extent possible to expend these monies on
counties within the State that are non-Qualified Counties and to ensure
that there are services in every County.
(c) State Fund - The remainder of Opioid Funds after deducting the costs of the
Expense Fund detailed in paragraph 9, the City/County Fund and the Regional
Fund will be expended by the State on Approved Purposes, including the
provisions related to Core Strategies, if applicable.
(d) To the extent that Opioid Funds are not appropriated and expended in a year by
the State, the State shall identify the investments where settlement funds will be
deposited. Any gains, profits, or interest accrued from the deposit of the Opioid
Funds to the extent that any funds are not appropriated and expended within a
calendar year, shall be the sole property of the Party that was entitled to the initial
deposit.
4. R egional Fund Sliding Scale- T he R egional Fund shall be calc ulated by utilizing
the fo llow ing sliding scale of the O pioid Funds available in any year:
40%
35%
34%
33%
30%
5. O pioid A batem ent T askfo rce or C ouncil - T he State w ill create an O pioid
A b a te m ent T askfo rce or C ouncil (som etim es hereinafter "T askfo rce" or "C ouncil") to advise the
G o v ern or, the L egislatu re, Florida's D epart m ent of C hildren and Fam ilies ("D C F"), and Local
G overnm ents on the priorities that should be addressed as part of the opioid epidem ic and to
review how m onies have been spent and the results that have been achieved w ith O pioid Funds.
(a) Size - T he T askfo rce or C ouncil shall have ten M em bers equally balanced
betw een the State and the Local G overn m ents.
(b) A ppointm ents L ocal G overnm ents - T w o M unicipality representatives w ill be
appointed by or thro ugh Florida L eagu e of Cities. T w o county representatives,
o n e fr o m a Q u a lifi e d C o u n ty a n d o n e fr o m a c o u n ty w ith in th e S tate that is not a
Q u a lifi e d C o u n t y , w ill b e a p p o in t e d b y o r th ro ugh the Florida A ssociation of
C o u n t ie s . T h e fi nal representative w ill altern ate every tw o years betw een being a
county representative (appointed by or thro ugh Fl orida A ssociation of Counties)
o r a M u n ic ip a lity re p r e s e n ta tiv e (a p p o in te d b y o r thr o u g h th e Fl o ri d a L e a gu e of
C it ie s ). O n e M u n ic ip a lity r e p r e s e n t a tiv e m u s t b e fr o m a c it y o f le s s th a n 5 0 ,0 0 0
p e o p le . O n e c o u n ty re p r e s e n ta tiv e m u s t b e fr o m a c o u n ty le s s th a n 2 0 0 ,0 0 0
p e o p le a n d the other county representative m ust be from a county w hose
p o p u la t io n e x c e e d s 2 0 0 ,0 0 0 p e o p le .
( c ) A p p o in tm e n ts S t a te -
(i) The Governor shall appoint two Members.
(ii) The Speaker of the House shall appoint one Member.
(iii) The Senate President shall appoint one Member.
(iv) The Attorney General or her designee shall be a Member.
( d) Chair - The Attorney General or designee shall be the chair of the Taskforce or
Council.
(e) Term - Members will be appointed to serve a two-year term.
A. Years 1-6:
B. Years 7-9:
C. Years 10-12:
D. Years 13-15 :
E. Years 16-18:
(f) Supp01 i - D C F shall su p p o rt the T ask fo rce or C ou n cil an d the T ask fo rce or
C ou ncil shall be adm inistra tively h ou sed in D C F .
(g) M eetings - T h e T askfo rce or C oun cil sh all m eet qu art erl y in p erso n or virt u ally
using com m u n ications m edia techn o lo g y as defi n ed in section 12 0 .54 (5 )(b )(2),
F lorida Statu tes.
(h) R eportin g - T h e T askfo rce or C oun cil sh all pro v id e an d pu b lish a rep o rt an nu all y
no later than N ovem ber 30 th or the fi rst bu sin ess day aft er N ov em b er 30 th , if
N ovem ber 30 th fa ll s on a w eeken d or is oth erw ise n ot a bu sin ess day . T h e repo rt
shall contain inform atio n on ho w m on ies w ere sp en t th e prev io u s fi scal year by
the State, each of th e Q uali fi ed C ou n ties, each of th e M an agin g E n tities, an d each
of the L o cal G ov ern m en ts. It sh all also co n tain recom m en datio n s to th e
G overn or, th e L eg islatu re, an d L ocal G ov ern m en ts fo r priorities am on g th e
A ppro ved P u rpo ses fo r how m on ies sh ou ld b e sp en t th e co m in g fi scal year to
respond to the opio id ep idem ic.
(i) A ccountab ility - P rio r to July 1st of each year, th e S tate and each of th e L ocal
G overn m en ts shall pro vide inform ation to D C F abo u t ho w th ey in ten d to ex p en d
O pioid F un d s in th e upcom in g fi scal year. T h e S tate an d each of th e L o cal
G overn m en t shall rep ort its exp en d itu res to D C F no later th an A u gu st 31st fo r th e
previous fi scal year. T he T askfo rce or C o u n cil w ill set oth er data sets th at need to
be reported to D C F to dem onstra te th e effectiv en ess of A p pro v ed P ur p o ses. A ll
pro gra m s and exp enditu res sh all be au d ited an n u all y in a sim ilar fa sh io n to
SAM H S A pro gr am s. L ocal G ov ern m en ts sh all resp on d an d pro v id e docu m en ts to
any reasonable requests fr om the S tate fo r data or in fo rm atio n ab ou t pro g ra m s
receiving O p io id F u n d s.
(j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws
of Florida including, but not limited to, Florida Statute § 112.311, concerning the
disclosure of conflicts of interest and recusal from discussions or votes on
conflicted matters.
6. Administrative Costs- The State may take no more than a 5% administrative fee
from the State Fund ("Administrative Costs") 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.
7. Negotiation of Non-Multistate Settlements - If the State begins negotiations
with a Pharmaceutical Supply Chain Participant that is separate and apaii from a multi-state
negotiation, the State shall include Local Governments that are a part of the Negotiating
Committee in such negotiations. No Settlement shall be recommended or accepted without the
affirmative votes of both the State and Local Government representatives of the Negotiating
Committee.
8. Negotiation of Multistate or Local Government Settlements - To the extent
practicable and allowed by other parties to a negotiation, both Parties agree to communicate with
m em bers of the N egotiation C om m itt ee reg arding the term s of any other P harm aceutical S up ply
C hain P articipant Sett lem ent.
9. Expense Fund - The Parties agree that in any negotiation every effort shall be
made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including
attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a
fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the
State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain
Participant, the Parties agree that an additional expense fund for attorneys who represent Local
Governments (herein "Expense Fund") shall be created out of the City/County fund for the
purpose of paying the hard costs of a litigating Local Government and then paying attorneys'
fees.
(a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be
sourced exclusively from the City/County Fund.
(b) The Amount of the Expense Fund- The State recognizes the value litigating Local
Governments bring to the State of Florida in connection with the Settlement
because their participation increases the amount Incentive Payments due from
each Pharmaceutical Supply Chain Participant. In recognition of that value, the
amount of funds that shall be deposited into the Expense fund shall be contingent
upon on the percentage of litigating Local Government participation in the
Settlement, according to the following table:
Litigating Local Government Amount that shall be paid
Participation in the into the Expense Fund
Settlement (by percentage of from ( and as a percentage
the population) of) the City/County fund
96 to 100% 10%
91 to 95% 7.5%
86 to 90% 5%
85% 2.5%
Less than 85% 0%
If fewer than 85% _percent of the litigating Local Governments (by population)
participate, then the Expense Fund shall not be funded, and this Section of the
MOU shall be null and void.
(c) The Timing of Payments into the Expense Fund- Although the amount of the
Expense Fund shall be calculated based on the entirety of payments due to the
City/County fund over a ten to eighteen year period, the Expense Fund shall be
funded entirely from payments made by Pharmaceutical Supply Chain
Participants during the first two years of the Settlement. Accordingly, to offset
the amounts being paid from the City/County to the Expense Fund in the first two
years, Counties or Municipalities may borrow from the Regional Fund during the
fi r s t tw o y e a r s a n d p a y th e b o rr o w e d a m o u n ts b a c k to th e R e g io n a l F u n d d u r in g
y e a r s th r e e , fo ur , a n d fi v e .
F o r th e a v o id a n c e o f d o u b t , th e fo ll o w in g p ro v id e s a n ill u s tra tiv e e x a m p le r e g a r d in g th e
c a lc u l a t io n o f p a y m e n ts a n d a m o u n t s th a t m a y b e b o rr o w e d u n d e r th e te rm s o f th is M O U ,
c o n s is t e n t w it h th e p ro v is io n s o f th is S e c tio n :
O p io id F u n d s d u e to S ta te o f F lo r id a a n d L o c a l G o v e rn m e n ts (o v e r 1 0 to 1 8 y e a r s ):
L it ig a tin g L o c a l G o v e rn m e n t P a r tic ip a tio n :
C ity /C o u n ty F u n d (o v e r 1 0 to 1 8 y e a r s ):
E x p e n s e F u n d (p a id o v e r 2 y e a r s ):
A m o u n t P a id to E x p e n s e F u n d in 1 s t y e a r :
A m o u n t P a id to E x p e n s e F u n d in 2 n d y e a r
A m o u n t th a t m a y b e b o rr o w e d fr o m R e g io n a l F u n d in 1s t y e a r :
A m o u n t th a t m a y b e b o rr o w e d fr o m R e g io n a l F u n d in 2 n d y e a r :
A m o u n t th a t m u s t b e p a id b a c k to R e g io n a l F u n d in 3 r d y e a r :
A m o u n t th a t m u s t b e p a id b a c k to R e g io n a l F u n d in 4 th y e a r :
A m o u n t th a t m u s t b e p a id b a c k to R e g io n a l F u n d in 5 th y e a r :
$1 ,0 0 0
1 0 0 %
$1 5 0
$1 5
$7 .5
$7 .5
$7 .5
$7 .5
$5
$5
$5
( d ) C r e a tio n o f a n d J u r is d ic tio n o v e r th e E x p e n s e F u n d - T h e E x p e n s e F u n d s h a ll b e
e s t a b lis h e d , c o n s is t e n t w it h th e p ro v is io n s o f th is S e c tio n o f th e M O U , b y o r d e r o f
th e C ir c u it C o ur t o f th e S ix th Ju d ic ia l C ir c u it in a n d fo r P a s c o C o u n ty , W e s t
P a s c o D iv is io n N e w P o r t R ic h e y , F lo r id a , in th e m a tte r o f The State of Fl orida,
Offi ce of the Attorney General, D epartment of Legal Affairs v. Purdue Pharma
L.P., et al., Case No. 2018-CA-001438 (the "Court"). The Court shall have
jurisdiction over the Expense Fund, including authority to allocate and disburse
amounts from the Expense Fund and to resolve any disputes concerning the
Expense Fund.
(e) Allocation of Payments to Counsel from the Expense Fund- As part of the order
establishing the Expense Fund, counsel for the litigating Local Governments shall
seek to have the Court appoint a third-neutral to serve as a special master for
purposes of allocating the Expense Fund. Within 30 days of entry of the order
appointing a special master for the Expense Fund, any counsel who intend to seek
an award from the Expense Fund shall provide the copies of their contingency fee
contracts to the special master. The special master shall then build a
mathematical model, which shall be based on each litigating Local Government's
share under the Negotiation Class Metrics and the rate set forth in their
contingency contracts, to calculate a proposed award for each litigating Local
Government who timely provided a copy of its contingency contract.
10. Dispute resolution- Any one or more of the Local Governments or the State may
object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or
expenditure at issue ( a) is inconsistent with the Approved Purposes; (b) is inconsistent with the
distribution scheme as provided in paragraph 3, or ( c) violates the limitations set forth herein
with respect to administrative costs or the Expense Fund. There shall be no other basis for
bringing an objection to the approval of an allocation or expenditure of Opioid Funds.