HomeMy WebLinkAbout21-427RESOLUTION NO.21-427
A RESOLUTION AUTHORIZING THE
CREATION OF THE ST. LUCIE COUNTY
OPIOID ABATEMENT FUNDING ADVISORY
BOARD AND PROVIDING FOR DUTIES AND
FUNCTIONS OF THE BOARD
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. 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
2. The crisis has caused 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 mis-information about the
addictive nature and harmful effects of opioids; and
3. This Board recognizes that St. Lucie County is not immune from this nationwide crisis and
realizes the importance of creating an Opioid Abatement Funding Advisory Board which
will utilize the Opioid Taskforce data and projections; and
4. 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
5. Three governmental entities in St. Lucie County deemed the opioid crisis significant enough
to secure litigation counsel and individually elect to file suit against the defendants as
follows: the City of Port St. Lucie, the City of Fort Pierce, (hereinafter referred to as the
"MDL Cities") and the County; and
6. 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: 1 7-MD-2804; and
7. 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
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the "State MOU"), as currently drafted, divides settlement funds into three portions
designated as City/County, Regional and State funds; and
The parties recognize that local control over Settlement funds is in the best interest of all
persons within the geographic boundaries of St. Lucie County and ensures that Settlement
funds are available and used to address opioid-related impacts within St. Lucie County and
are, therefore, committed to the County qualifying as a "Qualified County" and thereby
receiving Regional funds pursuant to the State MOU; and
9. St. Lucie County Regional Funding will be used in accordance with the requirements of the
State MOU, and guidelines set forth by a board established by resolution of the Board of
County Commissioners (hereinafter referred to as the "St. Lucie County Opioid Abatement
Funding Advisory Board"), which will include utilizing the Opioid Taskforce data and
projections.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board does hereby create the St. Lucie County Opioid Abatement Funding Advisory
Board for the purpose of advising the Board of County Commissioners on matters relating to
Final Review Recommendations and shall have the following duties and functions:
a. Shall meet regularly and as often as needed to effectuate its responsibilities, but no
less than quarterly and on a schedule which allows the St. Lucie County
Opioid Abatement Funding Advisory Board to provide the data compiled for
and arising out of its quarterly meeting to the Board of County
Commissioners for review and consideration.
b. Shall establish bylaws and an annual process which must include the following:
I. A date certain each year by which the 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.
II. Must review the programs and services of the beneficiaries of St. Lucie
County Regional Funds to determine the outcome of such programs and
services in order to hold beneficiaries accountable.
III. Must annually determine funding, programs, services, and location priorities
for the upcoming year(s) ("St. Lucie County Opioid Abatement Funding
Advisory Board Priority List').
2. The County will perform competitive solicitations for programming and services based on
the St. Lucie County Opioid Abatement Funding Advisory Board Priority List in accordance
with a centralized, county -wide competitive grant process and the St. Lucie Litigating
Governments will be provided the opportunity to participate in the review process.
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3. St. Lucie County Regional Funding may be used to enhance current programs or develop
new programs. Regional funding is not intended to supplant current funding sources and
general funds, and County 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 Resolution.
4. Final Review recommendations will be approved by the St. Lucie County Opioid Abatement
Funding Advisory Board, who shall present recommendations to the St. Lucie County Board
of County Commissioners for approval.
The St. Lucie County Opioid Abatement Funding Advisory Board and the Board of County
Commissioners shall use its best efforts to fund services and programs that are available to
all residents of St. Lucie County and shall strive to allocate funding and services in a manner
that equally benefits all residents of St. Lucie County.
6. The action, decisions and recommendations of the St. Lucie County Opioid Abatement
Funding Advisory Board shall not be final or binding on the Board of County
Commissioners but shall be advisory only.
7. The St. Lucie County Opioid Abatement Funding Advisory Board shall consist of seven (7)
members who shall be appointed as follows:
a. St. Lucie County Opioid Abatement Funding Advisory Board membership shall be
comprised of the following members appointed for two-year terms:
1. One member appointed by the City of Port St. Lucie;
2. One member appointed by the City of Fort Pierce;
3. One member appointed by the St. Lucie County Fire District;
4. One member nominated by the St. Lucie Sheriff's Office;
5. The Director of the Florida Department of Health in St. Lucie County or
designee;
6. One member appointed nominated by the County Administrator and
appointed by the Board of County Commissioners to represent the hospitals
in St. Lucie County.
7. One member appointed nominated by the County Administrator and
appointed by the Board of County Commissioners to represent the mental
health community with expertise in public health and addiction.
8. Vacancies for all members shall be filled upon:
1. Death of a member
2. Resignation
3. Removal by majority vote of the remaining members of the Committee
4. Three (3) unexcused absences in a six (6) month period
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9. Vacancies shall be filled by one of the managers working for the individual creating the
vacancy.
10. The Committee Chairman shall establish a time and place for holding meetings as shall be
necessary, and the Committee shall adopt such rules of organization and procedure as may
be required. Majority (4) committee members shall constitute a quorum for the transaction of
official business at Committee meetings.
11. The Committee may establish sub -committees for specific subjects or tasks from among its
members. The Committee shall hold its first meeting as soon as possible from the date this
resolution is adopted.
12. County Administration shall provide administrative support for the Committee and shall
keep a record of its proceedings.
13. If any action, sentence, or clause of this resolution is held to be invalid or unconstitutional by
any court of competent jurisdiction, then said holding shall in no way effect the validity of
the remaining portions of this resolution.
After motion and second the vote on this resolution was as follows:
Commissioner Sean Mitchell, Chair AYE
Commissioner Frannie Hutchinson, Vice Chair AYE
Commissioner Chris Dzadovsky AYE
Commissioner Linda Bartz AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 14th day of December 2021.
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY: GL P•
CHAIR
APPROVED AS TO LEGAL FORM AND
CORRFMCTNESS:
LINTY ATTORNEY