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Item O02 02 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: 02 2023-1969 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall N/A AGENDA ITEM WORDING: Approval of resolution approving plan for utilization of opioid settlement funds. ITEM BACKGROUND: The purpose of this agenda item is to seek approval to a resolution laying out a plan for utilization of settlement funds from the County as a plaintiff in an opioid class action lawsuit. The resolution covers the current state fiscal year. In 2019, Monroe County filed suit against manufacturers and distributors of opioid products, including CVS, Walgreen, Walmart, Johnson & Johnson, and others. The suit was absorbed within the nationwide multi-district litigation. Ultimately, many of the defendants (other than those in bankruptcy) entered into settlements with states, and ultimately with local governments, including Monroe County. One of the terms of the settlement agreement that Monroe County entered into as part of the opioid class action litigation was that each year, the County would submit a plan to Florida Department of Children & Families stating how the County intends to spent the settlement proceeds. The intent of this provision is to ensure that the funds are being spent for one of the approved uses, which are listed in Schedule A and Schedule B to a Memorandum of Understanding that all parties signed as part of the settlement documents. Each year, the County will be getting two sources of funds. Local Funds will be given directly to the County by the various settling defendants. In addition, Monroe County's Regional Managing Entity (South Florida Behavioral Health Network d/b/a Thriving Mind)will receive an additional amount, which they will give directly to Guidance/Care Center for opioid programs. In March 2023, we received $78,101.08 in Local Funds for this year, and in December 2023 the County received additional checks in the amount of$171,051.41 as part of Local Funds. In addition, in the current fiscal year the 3495 County will be receiving $807,274 in Regional Funds through Thriving Mind. County staff have conferred with Guidance/Care Center and with Thriving Mind, and have prepared a plan recommending how the County will use the settlement funds. In broad terms, approximately 93% of funds will be used for adult substance abuse programs, through a combination of programs offered to inmates at the Monroe County Detention Center and also through outpatient services offered by the Guidance/Care Center. An additional 7%will be used for preventative programs offered to middle school students. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Resolution approving plan for utilization of opioid settlement funds.pdf Opioid Settlement Monroe County Plan.pdf FINANCIAL IMPACT: N/A 3496 RESOLUTION NO. -2024 A RESOLUTION OF THE BOARD OF COUNTY APPROVING THE PLAN FOR UTILIZATION OF LOCAL AND REGIONAL FUNDS FROM SETTLEMENT OF OPIOID LITIGATION, DURING STATE FISCAL YEAR 2024. WHEREAS, on April 3, 2019, Monroe County filed suit in federal court against eight (8) manufacturers of opiates and eight (8) distributors of opiates, for various claims for relief including nuisance, negligence, fraud, and violation of the federal Racketeer Influence and Corrupt Organizations Act; and WHEREAS, Monroe County's lawsuit was later moved and made part of Multi District Litigaiton, consolidating the County's claim as a "litigating entity" with claims from other states and local governments, including the State of Florida; and WHEREAS, after several years of litigation and negotiations, the states and local governments entered into settlements with multiple defendants, including manufacturers Johnson & Johnson, Teva, Allergan, CVS, Walgreen, and Walmart; and WHEREAS, in order to ensure that the settlement proceeds were spent on preventative programs for opioid use, the State of Florida and all Florida local governments entered into a Memorandum of Understanding ("MOU"), laying out the approved uses for settlement proceeds and other terms and conditions for the use of the settlement proceeds; and WHEREAS, on September 15, 2021, the Board of County Commissioners approved Monroe County Resolution No. 285-2021, authorizing the County to join with the State of Florida and other local governments as a participant in the MOU; and WHEREAS, in fiscal year 2024, Monroe County has received or expects to receive a total of$978,325.41. Of this, $171,051.41 came to Monroe County directly ("Local Funds"). An additional $807,274 ("Regional Funds") is being paid to the South Florida Behavioral Health Network, Inc. d/b/a Thriving Mind (a "Regional Managing Entity"), and will be paid in turn to Guidance/Care Center for the exclusive use in Monroe County; and WHEREAS, paragraph (13)(5)(i) of the MOU requires the County to submit information to the Florida Department of Children and Families (DCF) each year, to identify how it plans expend the Local and Regional Funds will be spent. All expenditures must be for approved uses as set forth in Schedules A and B to the MOU; and 1 3497 WHEREAS, Monroe County has worked with the Guidance/Care Center to formulate a plan for use of the settlement funds in FY 2024; and WHEREAS, in broad terms, and as set forth in the Plan attached as Exhibit A to this Resolution, in FY 2024, approximately 93% of the settlement funds will be used for adult substance abuse programs, through a combination of services offered to inmates at the Monroe County Detention Center and services offered through outpatient substance abuse programs at the Guidance/Care Center. An additional 7% will be used for preventative programs for middle school students; and WHEREAS, the intent of this Resolution is to obtain approval to the plan for expenditure of Local Funds and Regional Funds in Monroe County during the time period July 1, 2023 to June 20, 2023 (corresponding to state fiscal year 2024). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, THAT: 1. The Board of County Commissioners approves the plan for expenditure of Local Funds and Regional Funds as set forth in the "Plan for Utilization of Local and Regional Opioid Litigation Settlement Funds (Fiscal Year 2024)," attached hereto as Exhibit A. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 31 st of January, 2024. Mayor Holly Merrill Raschein Mayor Pro Tern James K. Scholl Commissioner Craig Cates Commissioner Michelle Lincoln Commissioner David Rice Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Holly Merrill Raschein 2 3498 = Su✓r� V r rvI� � 1 � �Q �o per ���qk( ��� ry aw rdn r MON ROE COUNTY PLAN FOR UTILIZATION OF LOCAL AND REGIONAL OPIOID LITIGATION SETTLEMENT FUNDS (Fiscal Year 2024) Page 1 3499 IV 'I't o"dN,u)),Ctu c,I'l On April 3, 2019, Monroe County filed suit in federal court against eight (8) opioid manufacturers and eight (8) opioid distributors, with a total of thirteen (13) claims for relief (primarily Racketeer Influenced and Corrupt Organizations Act ("RICO"), the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), nuisance, negligence, and fraud). The suit was later moved and made part of Multi District Litigaiton, consolidating the County's claims with those from other states (including the State of Florida) and many local governments. After several years of litigation and negotiations, attorneys representing the various states and local governments entered into a proposed settlement with various defendants, starting with manufacturer Johnson & Johnson and three distributors. The State of Florida, on behalf of governments in Florida, negotiated a settlement agreement to cover the State and local governments. On September 15, 2021, the Board of County Commissioners approved Resolution No. 285-2021, authorizing the County to join with the State of Florida and other local governments as a participant in a Florida Memorandum of Understanding ("MOU"), laying out the formula for distribution of settlement funds from the settling defendants. Schedule A and Schedule B to the MOU also laid out acceptable purposes for which the settlement funds could be used. Pursuant to that MOU, Monroe County is expected to receive allocations each year over 18 years.' Of total funds, Monroe County will receive approximately $80,000 per year directly ("Local Funds"). An additional amount will come to Monroe County through a "Regional Fund," through a Regional Managing Entity. For Monroe County, the Regional Managing Entity ("RME") is the South Florida Behavioral Health Network, inc. d/b/a Thriving Mind, based in Miami. Monroe County is the only entity in this Regional Fund. Therefore, all of the regional funds will come to Monroe County from Thriving Mind. In FY 2024, Monroe County has received or expects to receive a total of$885,375.08. Of this, $78,101.08 came in Local Funds from payments from Defendants.2 The County expects to receive an additional $807,274 in Regional Funds. The Regional Funds will be paid by the Regional Managing Entity directly to Guidance/Care Center through the RME's contract with Guidance/Care Center. 1 This amount is an average over 18 years. The figures vary, by year and by defendant. Most of the payments are front-end loaded, i.e.,higher in the earlier years. z In March 2023, Monroe County five(5)checks totaling$78,101.08,from Defendants Teva,Allergan,Janssen, CVS,Walgreens,and the Distributors. Monroe County has not yet received its payment from Walmart. Any additional settlement funds received during FY 2024 will be spent consistent with this Plan. Page 1 2 3500 The of tNs �s to rejj�,"mirt to E)CIF �how the County fintends to sjjmnd utsII ocall Funds and I'?,,e&nall Funds durfing fiscall year 2024, One of the requirements of the MOU is that prior to July 1 of each year, the State and each local government must report to Florida Department of Children and Families (DCF) how they intend to spend their funds for the upcoming year. Also, prior to August 31 of the following year, the State and each local government must report to DCF how they have expended their funds during the previous fiscal year. Monroe County's plan for the opiate settlement funds during fiscal year 2024 is to utilize approximately ninety-three percent (93%) of the Local Funds and Regional Funds for three Adult Substance Use Treatment programs, specifically: - Jail In-House (JIP) intensive treatment program, - Medication Assisted Treatment (MAT) and - Outpatient Substance Use Treatment Programs provided by the Guidance/Care Center, Inc. In addition, approximately seven percent (7%) (approximately $15,000) will be used for school-based preventative efforts. Uninsured and underinsured persons will receive the services through the Guidance/Care Center. Treatment is provided regardless of ability to pay for services with use of this funding. More details about the programs to be offered are as follows: IAdult Substance Abuse Programs • The Jail In- House Program (JIP) provides an intensive treatment model for 6-12 months to male and female inmates in the Monroe County Detention Center. Treatment services include (1) biopsychosocial assessment, (2) individual therapy, (3) group therapy and (4) case management. Case management ensures the basic needs the client must address prior to release (e.g., housing, employment, MAT medication management) are met and necessary linkages made prior to release. This reduces the stress of re-entry into the community and provides the clients the ability to focus on the recovery needs post release. Daily services are provided using five evidence-based treatment practices. (1) Substance Abuse and Criminal Conduct: Strategies for Self-Change — a Cognitive Behavioral Therapy based curriculum. Throughout the treatment episode participants use a client workbook that belongs to them. Page 13 3501 (2) Moral Reconation Therapy, a systematic treatment strategy that seeks to decrease recidivism among criminal offenders by increasing moral reasoning. (3) Seeking Safety — a trauma-informed, trauma specific, and gender- responsive treatment model that integrates treatment of PTSD and subclinical trauma into treatment of substance use disorders. Seeking Safety offers 25 treatment topics. Four combination topics are Introduction to Treatment/Case Management, Safety, The Life Choices Game (Review), and Termination. These relational models support the development of healthy relationships with self, significant others, and the community at large to reduce the risk of relapse and recidivism. (4) The Living in Balance treatment model is a wrap-around approach to improving life function in the context of recovery. This model incorporates Motivational Interviewing to facilitate movement through the stages of change and helps participants develop real life tools to cope with relapse triggers. (5) Anger Management is a cognitive behavioral therapy (CBT) based Substance Abuse and Mental Health Services Administration (SAMHSA) 12 session treatment model. • Medication Assisted Treatment will be expanded to be provided in the Monroe County Detention center which includes Sublocade and Vivitrol for those screened as appropriate for continuation or induction. Inmates will be offered substance abuse treatment either through the JIP program for those with a six month or longer sentence or for relapse prevention through outpatient at discharge. In addition, all individuals with an opioid use disorder and receiving substance abuse services at the jail are given a free Narcan kit at discharge. • Outpatient Substance Use Treatment Services that will be funded persons with Opioid Use Disorder ("OUD") and co-occurring Substance Use Disorder ("SUD")/Mental Health ("MH") disorders through the Guidance/Care Center include the following components: • Detoxification & Outpatient Detoxification • Assessment • Case Management • Medication Assisted Treatment • Relapse Prevention Groups • Other Evidence Based Treatment Groups like Seeking Safety • Individual Therapy • Adult Substance Abuse Intervention • Outreach Page 4 3502 School-Based Prevention Efforts in Monroe County Middle Schools In addition, Regional Funds from the Regional Managing Entity (approximately $15,000) will be used to support the Guidance/Care Center's school-based prevention efforts for OUD in middle schools in Monroe County. A c,u))t 1F1iiie The Guidance/Care Center provides the following program and services: Detox: A 24/7 medical detox using medical and clinical protocols to assist consumers with withdrawal from the physiological and psychological effects of substance use. Includes emergency screening, evaluation, short term stabilization and treatment in a secure environment. Diversion: Connects inmates' substance treatment so that they can avoid repeat incarceration at the Monroe County Detention Center. Intervention: Focus on reducing risk factors associated with the progression of substance and mental health problems. Includes assessment, support services, counseling, and referral. Jail In-House Program (JIP): Intensive drug and alcohol treatment program located in the Monroe County Detention Center Other Side of the Fence (ORF): Outpatient substance abuse/co-occurring treatment and wrap around support services for adult males who are involved in criminal justice system in Key West. Opioid Overdose Prevention: Free Narcan (naloxone) kits available at front desk for any Monroe County resident. Outpatient: Therapeutic and support services designed to improve functioning or prevent deterioration of mental health or substance abuse disorders. Services include individual and group services. Outreach: Education of the public regarding substance abuse/mental health, education with high risk groups, and screening, referral and linkage to needed services. Prevention: Information dissemination, education, community awareness and other strategies to preclude, forestall, or impede the development of substance use problems. Page 15 3503 REACH MAT: (Recovery and Extended Addiction Community Services for Healing) Substance Use treatment services in conjunction with Medication Assisted Treatment (MAT) and naloxone distribution for those with opioid addiction. Medications provided include: Suboxone, Vivitrol, Subutex, Sublocade. Guidance/Care Center contracts with the Regional Managing Entity to provide these mental health and substance abuse treatment programs in Monroe County. Guidance/Care Center also contracts with Monroe County for numerous purposes, including to provide residential substance abuse treatment services to local offenders; to serve as the community transportation coordinator; to provide Baker Act transportation services; to run Jail In-House Program for incarcerated individuals; to provide substance abuse mental health services; and to provide services for disadvantaged, mentally ill individuals living at an assisted living facility, the Heron House. Vlc,'iuo,e Cc, Ay's pIse cf r'a,t,rriqp1i[es VN,' t14ii fli �„o,,re Ises au :ScIIoeoNu)),IIes A 'tc, 'tIIogym„ Its/ll0UI 100% of the funds will be used to achieve the following core strategies and approved uses shown in Schedule A and Schedule B to the MOU. Schedule A (Core Strategies): - Item B, Medication-Assisted Treatment ("MAT") Distribution and other opioid- related treatment o (1): Increase Distribution of MAT to non-Medicaid eligible or uninsured individuals; o (4): Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counsel, and recovering housing that allow or integrate medication with other support services - Item F (Treatment for Incarcerated Population) o (1) Provide evidence-based treatment and recovery support including MAT for persons with Opioid Use Disorder ("OUD") and co-occurring Substance Use Disorder ("SUD")/Mental Health ("MH") disorders within and transitioning out of the criminal justice system; and Page 16 3504 o (2) Increase funding for jails to provide treatment to inmates with OUD. - Item G. (Prevention Programs) o (2) Funding for school-based prevention programs Schedule B (Approved Uses): Part One: Treatment - Item A (Treat Opioid Use Disorder (OUD)). Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Abuse Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence information programs or strategies that may include, but are not limited to, the following: 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD-MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery supports. - Item D (Address the Needs of Criminal-Justice Involved Persons). Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies . . . 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals Page 17 3505 with OU and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OU and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re- entry programs or facilities. - Item G (Prevent Misuse of Opioids). Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. Page 18 3506 BOAROOI~COUNTY COMMISSIONERS County of Monroe Mayor Holly Raschein,District 5 The Florida Keys Mayor Pro Tem James Scholl,District 3 Craig Cates, Districtl Michelle Coldiron,District 2 d < David Rice,District 4 DAVID P. RICE, COMMISSIONER 9400 Overseas Highway, Suite 210 Marathon Airport Terminal Building Marathon, FL 33050 O 305.289.6000 E boccdis4@monroecounty-fl.gov Interoffice Memorandum Date: January 31, 2024 To: Kevin Madok, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District 4 RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues brought before the Monroe County Board of Commissioners with entities with which I am involved. I will abstain from the vote on issues concerning the following entities: Guidance Care Center,Inc., a private, not-for-profit entity,which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Guidance Care Center. At the January 31,2024 BOCC meeting,I will abstain from the vote on item(s): #02 Copy of agenda item listing from the Revised Agenda for each of the referenced item(s)is included for documentation. ATT.• State Form 8B Memorandum of voting Conflict for County,Municipal,and Other Local Elected Officers FORM 8B._.. MEMORANDUM DUM OF VOTING WWWmmmmCONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE A �... E N ME _ NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE RICE DAVID P MONROE COUNTY BOARD OF COMMISSIONERS MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON HIGHWAY, SUITE210 WHICH I SERVE IS A UNIT OF: 91TY400 OVERSEAS .......... _..CpU, ......... ❑CITY 9COUNTY ❑OTHER LOCAL AGENCY NTY ... _...-................. .. - MARATHON MONROE NAME OF POLITICAL SUBDIVISION DATE ON WHICH VOTE O _..— CCURRED MY F��T1&"ION I�°; JANUARY 31, 2024 d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112,3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB)under Sec. 163.356 or 163,357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity, For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) _.._.... ._.... ww...............mm-...., _ _.. _....—m ............ .... CE FORM 813-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7 010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed, ....................................................................................................__. .....�DISCLOSURE OF LOCAL OFFICER'S INTEREST V, DAVID P. RICE hereby disclose that on JANUARY 31 20 24 (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate. ............... inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: #02- Resolution approving plan for utilization of opioid settlement funds. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. January 31, 2024 r Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. _. ...... .. . ...........___---..... ___.m_. CE FORM SB-EFF 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),FA C, COUNTY of MONROE Mayor Holly Merrill Raschein, District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 y Craig Cates,District 1 Michelle Lincoln,District 2 y David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: 02 2023-1969 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall N/A AGENDA ITEM WORDING: Approval of resolution approving plan for utilization of opioid settlement funds. ITEM BACKGROUND: The purpose of this agenda item is to seek approval to a resolution laying out a plan for utilization of settlement funds from the County as a plaintiff in an opioid class action lawsuit. The resolution covers the current state fiscal year. In 2019, Monroe County filed suit against manufacturers and distributors of opioid products, including CVS, Walgreen, Walmart, Johnson & Johnson, and others. The suit was absorbed within the nationwide multi-district litigation. Ultimately, many of the defendants (other than those in bankruptcy) entered into settlements with states, and ultimately with local governments, including Monroe County. One of the terms of the settlement agreement that Monroe County entered into as part of the opioid class action litigation was that each year, the County would submit a plan to Florida Department of Children & Families stating how the County intends to spent the settlement proceeds. The intent of this provision is to ensure that the funds are being spent for one of the approved uses, which are listed in Schedule A and Schedule B to a Memorandum of Understanding that all parties signed as part of the settlement documents. Each year, the County will be getting two sources of funds. Local Funds will be given directly to the County by the various settling defendants. In addition, Monroe County's Regional Managing Entity (South Florida Behavioral Health Network d/b/a Thriving Mind) will receive an additional amount, which they will give directly to Guidance/Care Center for opioid programs. In March 2023, we received $78,101.08 in Local Funds for this year, and in December 2023 the County received additional checks in the amount of$171,051.41 as part of Local Funds. In addition, in the current fiscal year the County will be receiving $807,274 in Regional Funds through Thriving Mind. County staff have conferred with Gluidance/Care Center and with Thriving Mind, and have prepared a plan recommending how the County will use the settlement funds. In broad terms, approximately 93% of funds will be used for adult substance abuse programs, through a combination of programs offered to inmates at the Monroe County Detention Center and also through outpatient services offered by the Guidance/Care Center. An additional 7% will be used for preventative programs offered to middle school students. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Resolution approving plan for utilization of opioid settlement funds.pdf Opioid Settlement Monroe County Plan.pdf FINANCIAL IMPACT: N/A