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More than $30 Million Settlement Reached with Johnson & Johnson

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Attorney General Pam Bondi and 42 other attorneys general today announced a multimillion dollar settlement with Johnson & Johnson and Johnson & Johnson Consumer, Inc. resolving allegations that the company unlawfully promoted over-the-counter drugs. According to the complaint filed simultaneously with the states’ consent judgment today, the defendants misled consumers into believing they were purchasing drugs manufactured in an FDA compliant facility. As part of the settlement, Florida will receive more than $1.6 million.
“When a consumer purchases over-the-counter drugs, they should be able to trust that the medication is produced in a safe facility,” said Attorney General Bondi. “Thanks to collaborative multistate efforts, this settlement will help us better protect consumers buying OTC drugs across the country.”
The consent judgment requires McNeil-PPC, Inc., a division of Johnson & Johnson Consumer, Inc. that manufactures and distributes OTC drugs, to ensure that its marketing and promotional practices do not unlawfully promote OTC drug products. According to the multistate investigation, the defendants acted through McNeil to promote OTC drugs as compliant with federally mandated current Good Manufacturing Practices. The Food and Drug Administration, however, found that, between 2009 and 2011, some McNeil manufacturing facilities did not comply with the mandated practices. McNeil has changed from a wholly-owned subsidiary of Johnson & Johnson to a division of Johnson & Johnson Consumer, Inc.
As part of the settlement, the defendants are required to conform to the following terms:

  • Provide information to participating attorneys general within 60 days of a written request regarding the identity of wholesalers or warehouses where any recalled OTC drugs were distributed in their state;
  • Ensure not to represent on its websites that McNeil’s OTC Drug Product facilities meet cGMP as outlined by the FDA if McNeil has had a Class I or Class II Recall of OTC drug products within the prior 12 months; and
  • Follow internal standard operating polices regarding whether to open a Corrective Action and Preventive Action plan during the manufacture of an OTC drug.

To view a copy of the consent judgment, click here.
To view a copy of the complaint, click here.
Florida served on the executive committee investigating the defendants’ practices. The following also participated in the settlement: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and the District of Columbia.
This settlement is pending judicial approval.

AHCA Announces Increase in Access to Health Care Services for Previously Uninsured Children

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The Agency for Health Care Administration (Agency) today announced that based on the Urban Institute’s report on Medicaid/CHIP Participation Rates, Florida’s Medicaid program showed significant improvement in the percentage of eligible children enrolled in the Medicaid and Children’s Health Insurance (CHIP) programs. Florida saw a 7.1 percentage point increase in eligible children enrolled in the Florida Medicaid and CHIP between 2013 and 2015. This represents the sixth highest state increase in the nation, and is well above the national average increase.  To access the full report click here.
Agency Secretary Justin M. Senior said, “With the implementation of Statewide Medicaid Managed Care our state has revolutionized the way we administer the Medicaid program. This report highlights that more children than ever are receiving health care services and have access to the highest quality of care in our program’s history. With the increased percentage of eligible children enrolled in the Medicaid program, and the improvement in access to services announced this spring as part of the CMS-416 report, the numbers are proving that our program is a success and that children are receiving necessary health care.  We know we have more work to do, but our managed care system continues to improve each year — the proof is in the numbers, and our Agency will remain committed to our goal of better health care for all Floridians.”
The CMS-416 report announced last month showed that Florida Medicaid continues to improve in children’s access to health care services. For the second year in a row, Florida showed gains in every single metric in the 416 report. The 2016 CMS-416 data reported to the Centers for Medicare & Medicaid Services (CMS) is a nationally recognized quality and access measure in the Medicaid program, and includes a yearly report that tracks the number of children who received preventive medical screening and dental services. The Agency also saw improvements in children receiving blood lead screenings and the usage of dental and other oral health services.  Florida’s dental scores have improved every year since 2011.

The Florida Department of Agriculture and Consumer Services Highlights Summer BreakSpot Program

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During the summer months, the Summer BreakSpot program, which is administered by the Florida Department of Agriculture and Consumer Services, will provide meals at no cost from June through August to children 18 and under who are from low-income families. The department partners with more than 4,200 schools and community organizations statewide to offer nutritious meals, recreational fun and educational activities.
Last summer, more than 4,200 sites helped serve nearly 16 million meals to Florida children.  The number of Summer BreakSpot meals served during the summer has increased by 46 percent since Commissioner Putnam and the department assumed responsibility of the program in 2012.
There are several ways to find a Summer BreakSpot site:

Summer BreakSpot is part of the National Summer Food Service Program, a federally funded program operated by the U.S. Department of Agriculture (USDA).
In accordance with federal civil rights law and U.S. Department of Agriculture civil rights regulations and policies, the USDA, its agencies, offices and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.), should contact the agency (state or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at 800-877-8339. Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866-632-9992. Submit your completed form or letter to USDA by:

  • Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW, Washington, D.C. 20250-9410;
  • Fax: 202- 690-7442; or
  • Email: [email protected].

This institution is an equal opportunity provider.
For more information about the Florida Department of Agriculture and Consumer Services, visit FreshFromFlorida.com.

ICYMI: Sun Sentinel: Gov. Rick Scott, Tear Down That Liquor Wall

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In this morning’s edition of the Sun Sentinel, their Editorial Board authored an editorial urging Governor Scott to sign SB 106, which would send a message that Florida is continuing to create an environment where businesses can thrive by removing burdensome regulations.
This is the second editorial the Sun Sentinel has published supporting SB 106. Other news outlets that have also voiced their support for “tearing down the wall” include the Orlando Sentinel, Tallahassee Democrat, and the Daytona Beach News Journal.
Floridians for Fair Business Practices believes the Sun Sentinel is correct when it says, “SB 106 gets it right and gives consumers more choice. It deserves to become law.”
We urge Governor Scott to support the free market and sign SB 106 into law.

Gov. Rick Scott, tear down that liquor wall
Sun Sentinel Editorial Board
May 23, 2017

Gov. Rick Scott is weighing whether to sign a bill that would lift Florida’s Prohibition-era ban on selling liquor alongside beer and wine at grocery stores.
By today, the governor must decide whether to veto the “Whiskey and Wheaties” bill, sign it into law or let it become law without his signature.
We encourage Gov. Scott to sign Senate Bill 106 and put an end to the outdated “liquor wall” regulation. In making his decision, he should be guided by free market principles, doing what’s best for consumers and ending needless government regulations.
Other than protecting certain businesses, what sense does it make to allow beer and wine sales in a grocery store, but force people to go next door to buy a bottle of spirits?
You can understand the concerns of independent liquor store owners, who fear new competition from big-box stores will put them out of business. We’re not unsympathetic to their plight. It reminds us of the fight taxi drivers waged to try to keep Uber from disrupting their businesses. But consumers wanted change and lawmakers listened.
The other concern comes from chain stores like Publix, which have already built standalone liquor stores at some locations. Their lobbyists say tearing down the “liquor wall” will give minors easier access to alcohol. It’s the same argument we heard some years back when retailers tried to preserve the ban that prevented you from shipping yourself a case of wine. They said a child might answer the door and imbibe.
If this bill becomes law, Florida would become the 28th state to let retailers sell hard liquor alongside beer and wine. Surely Florida retailers can learn from the experience elsewhere.
In California, for example, independent liquor stores have focused on higher-end items and a greater selection than what can be found on grocery shelves. Neither has the Golden State reported an uptick in minors stealing alcohol.
Besides, is it good public policy to keep an outdated regulation because a child might shoplift?
The “Whiskey and Wheaties” bill has been controversial from the start. It passed the Senate, 21-17, and the House by a single vote. Three House members voted “no” after the roll call was recorded, but they were too late to make a difference.
It’s a sad commentary that with so many crucial issues facing Florida, the “liquor wall” became one of the session’s most hotly-contested issues.
Large retail outlets, including Wal-Mart, Target and Costco, are behind the push. Yes, it would benefit them. But it also would benefit consumers.
To ease the pain, the bill calls for a phase-in period. Big-box stores couldn’t add hard liquor before next year. And then, they can only add it to a quarter of their stores. reaching total phase-in by 2021.
The bill also prohibits new package stores from being licensed within 1,000 feet of schools. And it requires mini-liquor bottles to be displayed behind the counter to deter theft. And it requires that for alcohol transactions, adults must supervise checkout clerks younger than 18.
Most gas stations also would be banned from selling spirits, with an exception granted to those with more than 10,000 square feet of retail space.
SB 106 gets it right and gives consumers more choice. It deserves to become law.

Governor Scott Signs 16 Bills Into Law

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Governor Rick Scott today signed the following bills into law:
CS/CS/SB 18 – Relief of ‘Survivor’ and the Estate of ‘Victim’ – This bill directs the Florida Department of Children and Families to provide a total of $3.75 million in compensation relief to Victor Barahona and the estate of Nubia Barahona.
CS/CS/SB 80 – Public Records – This bill specifies the conditions under which a court may award attorney fees in public record disputes.
CS/SB 818 – Timeshares – This bill revises definitions and requirements for termination of timeshare plans and creates a new section related to the extension of the terms of timeshares.
CS/CS/SB 852 – Human Trafficking – This bill strengthens the oversight for victims of Human Trafficking by creating guidelines for Florida Department of Children and Families to better coordinate services.
CS/CS/SB 884 – Shark Fins – This bill increases penalties for shark finning and codifies a Florida Fish and Wildlife Conservation Commission rule prohibiting this practice.
CS/CS/SB 886 – Public Records – This bill creates a public records exemption for individuals with substance abuse impairment under the Florida Marchman Act.
SB 1020 – Collective Bargaining Impasses – This bill amends the timeline for portions of the Legislature’s process to resolve collective bargaining issues at impasse.
CS/CS/CS/HB 185 – State Park Fees – This bill provides free annual state park entrance passes and a 50 percent discount on campsite fees to foster families, and a free annual state park entrance pass to families who adopt children with special needs.
CS/HB 711 – “Boater Safety Bill”– This bill further reduces registration fees for boats equipped with a Personal Locator Beacon (PLB) or an Emergency Position Indicating Radio Beacon (EPIRB).
HB 741 – Department of Business and Professional Regulation Fees – This bill reduces the building permit surcharge assessed on applicable building permits to 1 percent and limits the delinquent license fees to a flat rate of $25.00 for professions under Ch. 455, F.S.
CS/CS/HB 927 – Real Estate Appraisers – This bill updates the types of instruction methods real estate schools may use, amends appraisal management company statutes to comply with changes to federal rules, and eliminates the post-licensure education requirement for trainee real estate appraisers.
CS/CS/HB 1201 – Department of Corrections –This bill changes provisions within the department to help enhance the efficiency, operations, and security of the state prison system.
HB 1233 – Cottage Food Operations – This bill increases the annual gross sales threshold from $15,000 to $50,000, to qualify as a cottage food operation and allows cottage food operations to sell products over the internet.
HB 7045 – OGSR/ Reports of Unclaimed Property – This bill prevents the scheduled repeal of the public records exemption for social security numbers and property identifiers contained in reports of unclaimed property held by the Department of Financial Services.
HB 7067 – OGSR/ Title Insurance Agencies or Insurers/ Office of Insurance Regulation – This bill continues the existing public records exemption for proprietary business information of a title insurance agency or title insurer.
HB 7107 – Homestead Exemption Implementation – This bill would implement a proposed third homestead property tax exemption constitutional amendment if voted into law.
To view the transmittal letters, click HERE.

Flagler and University of Florida develop bridge program for Sport Management majors

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Flagler College President William T. Abare Jr. and Dr. Michael B. Reid, Dean and Professor, College of Health & Human Performance, University of Florida, sign agreements between Flagler and UF for a Sport Management Bridge Program for undergraduate Flagler students on May 22, 2017. Others pictured, from left to right: Incoming Flagler President Dr. Joseph Joyner, Flagler Chancellor Dr. William Proctor, Associate Vice President of Academic Affairs Dr. Yvan Kelly, Flagler Trustee David Drysdale, Flagler Sport Management Chair Dr. Calvin Hunter, and Dr. Michael Sagas, Department Chair and Professor, Department of Tourism, Recreation & Sport Management, University of Florida

Flagler College and the University of Florida have announced a new bridge program for undergraduate students at Flagler who may be interested in pursuing a graduate degree at UF in the area of Sport Management.
The Flagler College Sport Management Department bridge program with UF’s College of Health and Human Performance will allow students at Flagler to take up to three online graduate-level courses at UF while still enrolled at Flagler.
“This bridge program is a wonderful opportunity for students at Flagler, and a significant milestone for the college,” said Flagler President William T. Abare Jr. “A partnership with a premier institution like the University of Florida speaks volumes about Flagler’s upward trajectory.”
The bridge program will be an opportunity for students interested in a Master of Science in Sport Management degree at UF to get a jump start on the program. Courses available at UF will include Evaluation Procedures in Health and Human Performance, Management and Leadership in Sport, Sport Psychology, Performance Enhancement, Training High Performance Athletes and more.
“We’re excited about the opportunity to partner with Flagler on this innovative new bridge program,” said Dr. Michael Reid, dean of the College of Health & Human Performance at UF. “Sport Management students will simultaneously study under top-flight faculty at both Flagler and the University of Florida, a unique experience that is sure to enrich learning.”
The Sport Management major at Flagler is intended for those who desire to play a leadership role in administrative positions within the ever-growing world of sports, including professional sport at the major and minor league levels, college athletics, sport marketing and sales, event management, community and campus recreation marketing, sales, legal issues and management functions.
The Master of Science in Sport Management degree at UF reflects the latest advances in the field of sport, presenting an equally theoretical and practical approach to skills and knowledge critical to success in the industry. Through its broad but rigorous curriculum, the program helps students develop leadership abilities and administrative proficiency with an eye towards sport management.

Gov. Scott Signs Legislation for Boater Safety in Florida

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Governor Rick Scott today signed HB 711, which further reduces registration fees for boats equipped with safety features, such as an emergency position indicating radio beacon (EPIRB) or Personal Locator Beacon (PLB). This legislation is an extension of a boater safety bill signed into law by Governor Scott last year.
Governor Scott said, “Just two years ago, we suffered the heartbreaking loss of two teenagers after sailing from the Jupiter Inlet. This important legislation encourages the use of safety measures to ensure this kind of tragedy never happens again. I’m proud to continue our efforts to keep Florida’s families and visitors safe by signing HB 711 today.”
To view a copy of the transmittal letter, click HERE.

Attorney General Bondi and FTC Halt Massive Debt Relief Scam

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Attorney General Pam Bondi and the Federal Trade Commission have jointly obtained a court order halting a massive phony debt relief operation that bilked millions of dollars from financially strapped consumers, including the elderly and disabled. According to the complaint filed by Attorney General Bondi’s Office and the FTC, Jeremy Lee Marcus, Craig Davis Smith and Yisbet Segrea, through 11 companies, convinced consumers to pay hundreds or thousands of dollars a month by falsely promising to pay, settle or obtain dismissals of consumers’ debts and improve consumers’ credit. After paying for the defendants’ services, consumers allegedly found debts unpaid, accounts in default and credit scores severely damaged. The scam even forced some victims into bankruptcy and some consumers were sued by their creditors.
“Despite alleged promises, the victims of this scam ended up with little or nothing to show for their payments and were made worse off financially,” said Attorney General Bondi. “I will continue to work with our federal partners to stop scammers targeting and exploiting consumers in search of financial help.”
The joint complaint alleges that the defendants made promises of guaranteed debt consolidation loans with attractive interest rates and significantly lower monthly payments. To appear more credible and legitimate, the defendants allegedly falsely claimed non-profit status. After consumers agreed to the purported loan, the defendants began debiting consumers bank accounts. According to the complaint, the defendants also called consumers already enrolled with other debt relief providers and falsely claimed to be taking control of the servicing of those accounts and providing the same or similar services.
Marcus, Smith, Segrea and their companies are all alleged in the complaint to have violated the Florida Deceptive and Unfair Trade Practices Act, the FTC Act and the FTC’s Telemarketing Sales Rule.
The court’s preliminary injunction order prohibits the defendants from misrepresenting or assisting others in misrepresenting that the defendants will:

  • Provide consumers a low interest rate loan to pay off consumers’ unsecured debts;
  • Negotiate, settle or alter the terms of payment or other terms of consumers’ unsecured debts to reduce the balance, interest rate or fees owed to a creditor or debt collector;
  • Eliminate consumers’ unsecured debts;
  • Claim a debt relief program or service is offered or provided by a non-profit entity; and
  • Claim a debt relief program or service will improve consumers’ creditworthiness.

The defendants are also prohibited from violating, or assisting others in violating, any provision of the Telemarketing Sales Rule.
To view the preliminary injunction order, click here.
To view the complaint filed, click here.
Attorney General Bondi would like to express her thanks to the Federal Trade Commission for their continuing partnership in this case, as well as in other consumer protection efforts. Attorney General Bondi would also like to acknowledge the assistance of the Florida Department of Agriculture and Consumer Services, the Broward County Sheriff’s Office and the Better Business Bureau of Southeast Florida.
The corporate defendants are Financial Freedom National, Inc., f/k/a Institute for Financial Freedom, Inc. and Marine Career Institute Sea Frontiers, Inc., also d/b/a 321 Loans, Instahelp America, Inc., Helping America Group, United Financial Support, Breeze Financial Solutions, 321Financial Education, Credit Health Plan, Credit Specialists of America, American Advocacy Alliance and Associated Administrative Services; 321Loans, Inc., f/k/a 321 Loans, Inc., also d/b/a 321Financial, Inc.; Instahelp America, Inc, f/k/a Helping America Team, Inc., also d/b/a Helping America Group; Helping America Group, LLC, f/k/a Helping America Group, Inc.; Breeze Financial Solutions, Inc., also d/b/a Credit Health Plan and Credit Maximizing Program; US Legal Club, LLC; Active Debt Solutions, LLC, f/k/a Active Debt Solutions, Inc., also d/b/a Guardian Legal Center; Guardian LG, LLC, also d/b/a Guardian Legal Group; American Credit Security, LLC, f/k/a American Credit Shield, LLC; Paralegal Support Group LLC, f/k/a Paralegal Staff Support LLC; and Associated Administrative Services, LLC, also d/b/a Jobfax.
The relief defendants who allegedly profited from the scheme are JLMJP Pompano, LLC, 1609 Belmont Place LLC, 16 S H Street Lake Worth, LLC, 17866 Lake Azure Way Boca, LLC, 114 Southwest 2nd Street DBF, LLC, 110 Glouchester St., LLC, 72 SE 6th Ave., LLC, Fast Pace 69 LLC, Strategic Acquisitions Two, LLC, Halfpay International, LLC, Halfpay NV LLC, and Nantucket Cove of Illinois, LLC.

Gov. Scott Presents Champion of Service Award

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During a meeting of the Florida Cabinet, Governor Rick Scott today awarded Andrew Lumish with the Volunteer Florida Champion of Service Award, Florida’s official statewide volunteer recognition.
Governor Scott said, “I am proud to recognize Andrew with the Champion of Service Award for his dedication and commitment to honoring our nation’s heroes. I applaud his selfless and continued efforts to pay tribute to the lives and memories of our veterans.”
Volunteer Florida Chief Executive Officer Chester W. Spellman said, “Volunteer Florida is proud to recognize Andrew for the countless hours he has spent restoring gravestones and honoring our veterans. His dedication and persistence ensures that our service men and women are proudly remembered and honored.”
About the Champion of Service
A Tampa Bay resident and small business owner, Andrew Lumish spends almost every Sunday scrubbing and cleaning veterans’ tombstones. Andrew started cleaning tombstones in 2015 and has completely restored over 500 graves at three cemetery sites in Hillsborough and Pasco County. Andrew has restored almost all veteran monuments at Lutz Cemetery in Hillsborough County. Each tombstone is properly cleaned by the same standards practiced at Arlington National Cemetery, then accompanied with a full story about the deceased veteran on social media. His 21 year-old son, Tyler, now helps with restorations as well as posting veterans’ stories to social media.