Attorney General Pam Bondi today announced that Florida, as part of a bipartisan coalition of state attorneys general, is demanding information from major manufacturers and distributors of opioids. The demands seek additional information about potentially unlawful practices in the distribution, marketing and sale of opioids. The demands are the result of an ongoing, coordinated multistate effort by 41 states. Florida is one of six states leading the widespread investigation.
“Florida citizens continue to become addicted to opioids and die daily—meanwhile, prescription drug manufacturers, distributors and the medical profession all point fingers at each other as the cause of this national crisis,” said Attorney General Bondi. “This far-reaching multistate investigation is designed to get the answers we need as quickly as possible. The industry must do the right thing. If they do not, we are prepared to litigate.”
Opioids are one of the main drivers of drug overdose deaths in Florida. Prescription opioids can cause death and addiction and, when abused, often lead to the use of illicit drugs such as heroin. In fact, prescription drugs, including those that contain opioids, are cited more often than illicit drugs as the cause of drug-related deaths in Florida. According to a recent report from the Florida Department of Law Enforcement, in the first six months of 2016, 1,616 people died—440 more deaths than the first half of 2015—with at least one prescription drug in their system contributing to the deaths. In deaths where oxycodone was found, the prescription pain killer was determined to be the cause of death more than half the time.
The attorneys general served written requests for documents and information, known as civil investigative demands or subpoenas, on pharmaceutical manufacturers Endo, Teva/Cephalon, Janssen, Allergan and their related entities. They also served a supplemental civil investigative demand on Purdue Pharma. Additionally, the attorneys general sent letters to opioid distributors AmerisourceBergen, Cardinal Health, and McKesson, seeking documents pertaining to their opioid distribution business.
To view letters sent as part of the investigations, click here, here and here.
This is the latest enforcement action taken by Attorney General Bondi in response to the opioid crisis. Last year, Attorney General Bondi sued a pharmaceutical company for inflating the price of an opioid treatment drug. For more information about the legal action taken against the makers of Suboxone, click here.
Additionally, Attorney General Bondi Monday joined a separate coalition of attorneys general in asking the health insurance industry to examine policies to ensure they are not aiding in the national opioid crisis. The coalition of 37 attorneys general sent a letter to American’s Health Insurance Plans, the industry’s largest trade group, asking the group to do its part in combating the opioid epidemic.
“Insurance companies can play an important role in reducing opioid prescriptions and making it easier for patients to access other forms of pain management treatment. Indeed, simply asking providers to consider providing alternative treatments is impractical in the absence of a supporting incentive structure. All else being equal, providers will often favor those treatment options that are most likely to be compensated, either by the government, an insurance provider, or a patient paying out-of-pocket. Insurance companies thus are in a position to make a very positive impact in the way that providers treat patients with chronic pain,” reads the letter sent on behalf of the attorneys general by the National Association of Attorneys General.
To read the letter in its entirety, click here.
Attorney General Pam Bondi
One Million Bottles of Water Headed to Florida, Selling for $2.97 a Case
Attorney General Pam Bondi today thanked Home Depot for sending 45 tractor trailers containing disaster-relief supplies to Florida communities impacted by Hurricane Irma and pledging even more supplies before the end of the week. Millions of Floridians are still without power and thousands more have been displaced by flooding or storm damage. Attorney General Bondi continues to work with businesses to help Floridians get much-needed supplies and avoid price gouging.
“We will go after anyone drastically raising prices to take advantage of Floridians during this state of emergency—but another way to guard against price gouging is to increase the supply of disaster-related goods in hard hit areas. That is why I am grateful for our good businesses like Home Depot that are rushing essential supplies to Florida and keeping the price of those items stabilized,” said Attorney General Bondi.
The Home Depot trucks are carrying cases of water, plywood, generators, and electrical cords, among other items. The supplies are headed to South Florida, and will be sold at normal prices. The company is shipping additional supplies in the coming days—with more than a million bottles of water expected before the end of the week. Additionally, Home Depot will sell the water for less than three dollars a case.
Florida’s Price Gouging Hotline remains open during this emergency declaration covering all 67 counties. Citizens can also contact the hotline to report common disaster-related scams, such as: building-repair, tree-removal, water-treatment and charity scams. For more on these types of scams, click here.
Violators of the price gouging statute are subject to civil penalties of $1,000 per violation and up to a total of $25,000 for multiple violations committed in a single 24-hour period, in addition to other civil penalties that may apply. State law also criminalizes the sale of goods and services to the public without possession of an occupational license. Violators of the law can be charged with a second-degree misdemeanor.
To report price gouging or any scam call (866) 9NO-SCAM or file a complaint online at MyFloridaLegal.com. Callers using out-of-state cellphones can dial (850) 414-3990.
Attorney General Bondi’s Statement on Patriot Day
Attorney General Pam Bondi today released the following statement in remembrance of those killed in the 9/11 terrorist attacks:
“Today, we remember the thousands of innocent lives lost in the September 11th attacks and the brave first responders who gave their lives to save others. We will never forget their sacrifice and the men and women who answered the call of duty in the days, months and years following the worst terrorist attack in U.S. history. After the cowardly attacks, our country came together like never before, and today we are a stronger, more resilient nation—still leading the world with freedom and democracy.”
Attorney General Bondi’s Statement on the Passing of Hardee County Sheriff’s Deputy and Corrections Sgt.
Attorney General Pam Bondi today released the following statement regarding the passing of Florida Department of Corrections Sergeant Joseph Ossman and Hardee County Sheriff’s Deputy Julie Bridges:
“My prayers are with the families of Sgt. Ossman and Deputy Bridges who lost their lives this morning serving their community during this State of Emergency. Sgt. Ossman and Deputy Bridges served our state for many years, taking risks every day to ensure the safety of others. The two officers’ vehicles collided in a tragic accident while they were out working to protect our state.
Attorney General Bondi to Hold Media Briefing at State Price Gouging Call Center
MEDIA ADVISORY
Attorney General Pam Bondi will hold a media briefing at Florida’s Price Gouging Call Center following tonight’s Hurricane Irma update at the State Emergency Operations Center. Attorney General Bondi activated Florida’s Price Gouging Hotline Sunday night following the state of emergency declaration made in preparation for Irma making landfall in Florida. Since then, hundreds of complaints about alleged price gouging have flooded into the call center and our consumer protection investigators have been working diligently to identify and address potential gouging.
WHO: Attorney General Pam Bondi
WHAT: Price Gouging Media Briefing
WHEN: Wed. Sept. 6, 2017, following EOC briefing; approximately 7:15 p.m.
WHERE: The Collins Building, Price Gouging Call Center
107 W. Gaines St.
Tallahassee, Fla. 32399
*Media should meet in the lobby on Gaines St. prior to the beginning of the briefing.
Attorney General Bondi’s Statement on President Trump’s DACA Decision
Attorney General Pam Bondi today released the following statement regarding President Donald J. Trump’s decision regarding DACA:
“The highest duty of the President of the United States is to protect our citizens and uphold the Constitution—and President Trump’s decision demonstrates respect for the rule of law and compassion for children brought to our country illegally. Today I visited with the President and General John Kelly and I can assure you the decision comes with thoughtfulness, compassion and sympathy for the children caught in this situation. It also comes out of great respect for the United States Constitution.”
Attorney General Bondi Activates Price Gouging Hotline as Hurricane Irma Approaches
Attorney General Pam Bondi tonight activated Florida’s price gouging hotline for all consumers in Florida. The opening of the hotline comes as Governor Rick Scott declares a state of emergency in all 67 Florida counties in response to threats posed by Hurricane Irma—now a Category 4 hurricane that could impact the state this week.
“Floridians need to prepare now and they should not be inhibited by unlawful price increases on supplies necessary to brace for a major hurricane strike—that is why I’ve activated Florida’s Price Gouging Hotline and encourage anyone who suspects price gouging to report it to my office by calling (866)-9-NO-SCAM,” said Attorney General Bondi. “By reporting suspected price gouging you can protect yourself and your fellow Floridians.”
State law prohibits extreme increases in the price of essential commodities, such as food, water, hotels, ice, gasoline, lumber and equipment, needed as a direct result of an officially declared emergency. Anyone who suspects price gouging during this declared state of emergency should report it to the Attorney General’s Office by calling 1-866-9-NO-SCAM.
Violators of the price gouging statute are subject to civil penalties of $1,000 per violation and up to a total of $25,000 for multiple violations committed in a single 24-hour period, in addition to other civil penalties that may apply. State law also criminalizes the sale of goods and services to the public without possession of an occupational license. Violators of the law can be charged with a second-degree misdemeanor.
Specifically, Section 501.160 Florida Statute states that during a state of emergency, it is unlawful to sell, lease, offer to sell, or offer for lease essential commodities, dwelling units, or self-storage facilities for an amount that grossly exceeds the average price for that commodity during the 30 days before the declaration of the state of emergency, unless the seller can justify the price by showing increases in its costs or market trends.
Attorney General Bondi’s Statement on Florida Supreme Court Ruling in Ayala v. Scott
Attorney General Pam Bondi today released the following statement regarding the Florida Supreme Court’s ruling in Aramis Donell Ayala v. Rick Scott:
“Today’s Florida Supreme Court decision is a tremendous victory for victims and their loved ones. As my Solicitor General argued, the Governor has every right to reassign these cases to prosecutors who will uphold the laws of our great state. This year, we have seen the brutal murders of law enforcement officers in State Attorney Aramis Ayala’s circuit, and her unconscionable decision to never seek the death penalty will not be tolerated. The governor and I will continue to do all we can to protect our citizens.”
Attorney General Bondi’s Statement on President Trump’s Executive Order Regarding Surplus Military Gear
Attorney General Pam Bondi today issued the following statement regarding President Donald J. Trump’s executive order lifting the ban on transferring certain surplus military equipment to local law enforcement agencies:
“This executive order will help ensure our brave law enforcement officers have the gear they need to combat terrorism, drug cartels, gangs and other threats to public safety. This order will give our law enforcement officers access to billions of dollars’ worth of equipment such as armored vehicles, ammunition and other military gear that will help in disaster related situations like we are seeing in Texas with Hurricane Harvey—as well as terrorism-related cases such as the Pulse nightclub attack, where a military-style helmet stopped a bullet, saving an officer’s life, and San Bernardino, where this type of equipment protected law enforcement officers as they pursued terrorists.
“I want to thank President Trump for standing up for law enforcement and signing this order to give officers access to more lifesaving tools. Equipment like this could help Florida law enforcement officers respond to hurricanes and the destruction left in the aftermath.”
Attorney General Bondi Leads Nationwide Effort to Amend Sex Trafficking Law
Florida Attorney General Pam Bondi and the District of Columbia Attorney General are leading a bi-partisan coalition of 50 attorneys general urging Congress to affirm that all law enforcement agencies retain their traditional authority to fight sex trafficking. In a letter to members of Congress sent today, Attorney General Bondi called for an amendment of the Communications Decency Act of 1996 to clarify that states, localities and territories retain authority to investigate and prosecute online facilitators of child sex trafficking. The simple addition this letter proposes will help to ensure that citizens and children are effectively protected throughout the entire country, in all courts.
“Florida is a zero-tolerance state for human trafficking and we cannot let anything stop our pursuit of justice for victims of this horrific crime. That is why I am asking Congress to make this simple change to the Communications Decency Act and ensure local law enforcement and prosecutors have the tools they need to lock up human traffickers and save lives,” said Attorney General Bondi.
The letter seeks to affirm the authority of state and local law enforcement—those on the front lines of the battle against the sexual exploitation of children—to investigate and prosecute facilitators of such crimes. The intention of the CDA is to protect children from indecent material online and the CDA was never intended to place online facilitators of child sex trafficking outside the reach of law enforcement; however, according to the bipartisan coalition of attorneys general, the CDA is often being used as a shield by those who profit from prostitution and crimes against children. In some cases, courts have interpreted certain provisions of the CDA to provide immunity from state prosecution to online classified ad sites, such as Backpage.com, that promote and profit from human trafficking.
To view the letter, click here.
In addition to Florida and the District of Columbia the following states and territories signed onto the letter: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.