TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the City of North Port’s Participation in the New National Opioids Secondary Manufacturers Settlements and Authorize the City Manager to Execute the Secondary Manufacturers’ Combined Subdivision Participation and Release Form.
Recommended Action
Option 1: Approve the City of North Port’s participation in the New National Opioids Secondary Manufacturers Settlements and authorize the City Manager to execute the Secondary Manufacturers’ Combined Subdivision Participation and Release Form.
City Commission Options
Option 1: Approve the City of North Port’s participation in the New National Opioids Secondary Manufacturers Settlements and authorize the City Manager to execute the Secondary Manufacturers’ Combined Subdivision Participation and Release Form.
• Pros: The City may be eligible to receive a portion of settlement funds through the statewide allocation process. Participation also supports Florida’s ability to maximize its share of settlement proceeds.
• Cons: The City releases claims against the settling manufacturers and will be subject to Florida’s allocation agreements. If a settlement does not move forward, the City’s release will not become effective.
Option 2: Deny the City of North Port’s participation in the New National Opioids Secondary Manufacturers Settlements and do not authorize the City Manager to execute the Secondary Manufacturers’ Combined Subdivision Participation and Release Form.
• Pros: The City retains all claims against the listed manufacturers and is not bound by the settlement release terms.
• Cons: The City will be excluded from settlement participation and will not be eligible for any share of settlement funds, even if Florida receives funds.
Background Information
The Florida Attorney General is working with Rubris to coordinate payments of the Secondary Manufacturers Settlement. This settlement has been reached with the following eight opioids manufacturers:
1. Alvogen
2. Amneal
3. Apotex
4. Hikma
5. Indivior
6. Mylan
7. Sun
8. Zydus
For the City to be included in the initial participation calculations and payment eligibility for settlement funds, the City must execute and return the Combined Participation Form (Exhibit K) to Rubris no later than October 8, 2025. Once the Commission approves the Agreement, the City Manager may execute the DocuSign version of the form and submit it to Rubris.
Based on the total number of Combined Participation Forms received by Rubris, the subdivision participation rate will be used to determine whether participation is sufficient for each settlement to move forward and whether Florida earns its maximum potential payment under each settlement. If a settlement moves forward, the City’s release will become effective. If a settlement does not move forward, the City’s release will not become effective.
Please note, the City may not directly receive settlement funds by participating; decisions on how settlement funds will be allocated within a state are subject to intrastate agreements or state statutes.
The Secondary Manufacturers’ Combined Subdivision Participation and Release Form has been reviewed by the Interim City Attorney and is legally correct as to form.
Strategic Plan
Good Governance
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Combined Participation Form
Prepared by: Tiffany Fowler, Accountant III
Department Director: Irina Kukharenko, CPA, Interim Finance Director