Putative ESOP Class Action Dismissed for Failure to Exhaust Administrative Remedies

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CLAY COUNTY, Fla — Deputy Powell with the Clay County Sheriff’s Office has been placed on administrative reassignment following criminal charges.

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In a news release, CCSO states, “Powell is a deputy with the Clay County Sheriff’s Office and has been administratively reassigned pending the outcome of the criminal case. The investigation of this incident is still ongoing.”

CCSO also states that Sheriff Michelle Cook takes allegations of misconduct seriously and is, “committed to a thorough and impartial investigation into this matter. She is dedicated to upholding the highest standards of professionalism and accountability among CCSO personnel, and any deviation from these standards will be addressed promptly and appropriately.”

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Powell has been charged with what that is commonly called “simple battery.”

Florida Statute 784.03 defines it as “when a person actually and intentionally touches or strikes another person against the will of the other; or Intentionally causes bodily harm to another person.”

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CNN  — 

Civil rights groups and public health organizations, incensed over what they see as foot-dragging by the Biden administration on a potential ban on menthol cigarettes, met with White House officials this week to push for what they consider to be a life-saving measure.

The groups said the administration might be dragging its feet to avoid possibly alienating Black voters, who are disproportionately more likely to smoke menthols.

“Our concern around the delay is really that, you know, this is no reason for it,” Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, who spoke at the meeting, told CNN. “I’m not in their position, but I think that if you’re weighing two different sort of competing interests that are important to you, then just do the right thing, how about that?”

The US Food and Drug Administration told CNN in October that a ban is a “top priority for the FDA,” and Richardson said that initially, the administration had committed to act before the end of the year.

“This is their rule,” she said. “One would hope that they had felt the science was sufficient.”

She said she left Tuesday’s meeting feeling “fairly positive” that the groups’ concerns been heard, but she also said there is still a feeling that they need to continue to press the administration to act.

Although the FDA has been considering a ban on menthol cigarettes for nearly a decade, it wasn’t until October that the FDA finally took what anti-tobacco groups called a “momentous” step forward by sending final rules on the issue to the White House for review.

In the federal government’s extensive rulemaking process, the agency that regulates tobacco can’t just finalize a rule and have a ban go into effect. The White House Office of Management and Budget has to sign off on proposed language from the FDA.

But when the federal government published its regulatory to-do list, called the Unified Agenda of Regulatory and Deregulatory Actions, in early December, it indicated that the final menthol rule wasn’t expected until March.

With concerns swirling, a coalition of more than a dozen high-profile civil rights and public health groups said they met with Health and Human Services Secretary Xavier Becerra and leaders from the White House on Tuesday to encourage them to enact a ban now.

“This is a public health issue that did have nothing to do with politics, but it now has everything to do with politics,” said Carol McGruder, a founding member and co-chair of the African American Tobacco Control Leadership Council, who attended the White House meeting.

“This is a product that’s killed a million Black people in the past 20 years. It is the number one killer, and so it has to be in the top five political priorities at all times,” McGruder said.

The virtual meeting included the American Heart Association, the American Lung Association, the Truth Initiative, the African American Tobacco Control Leadership Council, the National Council of Negro Women, the NAACP, the National Coalition on Black Civic Participation and others who want immediate action on flavored tobacco.

The White House Office of Management and Budget, which oversees executive branch regulations, did not respond to CNN’s request for comment on the status of the rule.

“As is standard practice for all rules, OIRA works to schedule meetings with all requesters while the rule is under review. OIRA does not approve attendees,” an administration official said, referring to the Office of Information and Regulatory Affairs, a part of the Office of Management and Budget.

Although the number of people who smoke cigarettes in the US has fallen to one of the lowest levels in history, the proportion of those who smoke menthols has been increasing, according to the CDC. Smoking is still the No. 1 cause of preventable death in the US.

The issue is particularly important to the Black community because for decades, the tobacco industry has aggressively marketed menthols toward them, a move that’s paid off. A 2020 study showed that although 43% of all adult smokers smoked menthols, more than 83% of Black smokers did.

Banning menthol cigarettes would save up to 654,000 lives in the US within 40 years, including the lives of 255,000 members of the Black community, a 2022 study found.

It would also eliminate some of the significant health disparities in the US between Black and White people, according to a study from the Council on Foreign Relations.

Black people die at significantly higher rates than White people from smoking-related illnesses including stroke, heart disease and lung cancer; Black people make up 12% of the population in the US, but the community accounts for 41% of smoking-related premature deaths and 50% of the life-years lost associated with menthol tobacco product use between 1980 and 2018, one study found.

If menthols were banned, the gap between Black and White lung cancer deaths would close within five years, the Council on Foreign Relations study found.

A menthol ban could also keep kids from picking up the habit. Menthol cigarettes are attractive to new smokers, studies show, because the flavoring masks the harsh taste and smell that put some new smokers off. The menthol also anesthetizes the throat, making it easier to inhale the dangerous smoke deeply.

More than half of kids who smoke choose menthol cigarettes, according to the CDC. Studies have found that children who smoked menthols were more likely to become regular smokers than occasional smokers.

The coalition went over many of these statistics in this week’s meeting, and McGruder said she came away hopeful. Administration officials seemed “engaged and were paying attention,” she said. It also helped that among the attendees were powerful organizations “who have the esteem of their people,” she said, and who represent Black voters, whom the administration will need in next year’s elections.

Dr. Kimberly Jeffries Leonard, vice chair of the American Cancer Society Cancer Action Network, also felt optimistic after the meeting.

“I think that because of the number of people that showed up and who showed up, I think the administration heard us and heard their plea and their cry,” she said.

The American Heart Association, which was also represented in the meeting, said it appreciated the opportunity to speak with the White House.

“As they continue to wait for final rules, tobacco companies continue to target communities and hook new users with menthol cigarettes and flavored cigars. The research is complete. The evidence is clear. The waiting must end,” said Nancy Brown, CEO of the American Heart Association, in an email to CNN.

The coalition hoped that the meeting would counter the narrative put forward by groups that receive funding from the tobacco industry, like the Rev. Al Sharpton’s National Action Network, that also met recently with the White House in a bid to resist regulation.

As of early December, the public calendar of Biden administration’s meetings showed a exact full-court press from the tobacco industry. Of the 41 meetings on the menthol rule in the past month, 38 were with tobacco industry groups and their allies.

One argument from these groups is that a ban would criminalize menthol smokers and encourage more deadly interactions with police. The FDA and anti-tobacco advocates say that’s not true.

“It’s not about the individual person in the street,” McGruder said. “Smoking a menthol cigarette is not illegal. If you get one or if you make one, that’s your business. This is about the tobacco industry, and they’re doing everything that they can to keep their hooks in their community.”

Justin Bibb, mayor of Cleveland, a key city in a key state in any presidential election, was also in Tuesday’s meeting with the White House. A menthol ban is important to him on a personal level and a political level.

“I lost my father way too early because he was addicted to cigarettes – Newports, to be specific – and my grandfather actually died of lung cancer as well, so I’ve seen so many instances as a kid growing up in the city and as mayor where tobacco companies are preying on the Black community,” Bibb said.

Cleveland, which is more than 46% Black, leads the nation with a smoking rate of 35%, more than three times the national average.

This year, Bibb introduced a plan to ban flavored tobacco product sales in his city, but Republicans in the Ohio statehouse say they would like to prevent local governments from enacting such bans. With limited authority, Bibb said, federal action is absolutely necessary.

“It’s past time that they get some real leadership from this President and Congress to see some real change in this issue,” he said.

A ban would make an important statement, Jeffries Leonard said.

“It makes a statement that the administration is concerned with Black lives, and it will send the message to their communities that the administration feels that Black lives do actually matter,” she said.

RJ Reynolds, the maker of Newport cigarettes, the nation’s most popular brand of menthol cigarettes, said in a statement to CNN in early December that a ban would do much more harm to Black smokers than good.

“Reynolds has been clear on where it stands on banning menthol – they strongly believe there are more effective ways to deliver tobacco harm reduction than banning products. A ban on menthol cigarettes would harm, not benefit, public health,” the statement said.

McGruder bristles at tobacco companies’ talk about how a ban will hurt the community. “It’s just so cynical that they’re flipping their racist, pernicious targeting of their community,” she said.

The ban cannot be left up states, she said. Two, Massachusetts and California, banned menthol cigarettes with some success, but not without pushback.

When California passed its ban on menthol, the industry put a referendum on the ballot to keep the products on shelves. Voters rejected that push, but the companies came up with new products that are “non-menthol menthol” chemicals, McGruder says, to mimic menthol. The industry also sued the state.

“It’s neverending. That’s why they need to take action on the federal level,” McGruder said. “We need protection from this industry that’s rabid and will not stop.”

Her group and the others say they plan to keep the pressure up. On January 18, there will be a “menthol funeral” in Washington to recognize the 45,000 Black people who die each year from tobacco-related illness and to encourage the White House to act now.

If a ban is put in place, then the “real work begins,” McGruder said. There will need to be additional resources, culturally appropriate smoking cessation programs, and efforts to eliminate systemic racism and better address social determinants of health.

“We need the same vigor and attention that the industry gave us in seeding their community with addiction,” McGruder said. “We need that same attention and love from their country, from their government, from the FDA, from the CDC, to help people get off these addictive products.”

CNN’s Betsy Klein, René Marsh and Brenda Goodman contributed to this report.

You can use the database to search by county or by restaurant name.

Florida's restaurant owners are not required to post restaurant inspection results where guests can see them. So every week, they provide that information for you.

For a complete list of local restaurant inspections, including violations not requiring warnings or administrative action, visit their St. Johns County restaurant inspections site.

Here's the breakdown for exact health inspections in St. Johns County, Florida, for the week of Dec. 11-17, 2023. Please note that some more recent, follow-up inspections may not be included here.

Disclaimer: The Florida Department of Business & Professional Regulation describes an inspection report as a 'snapshot' of conditions present at the time of the inspection. On any given day, an establishment may have fewer or more violations than noted in their most exact inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at the establishment.

For full restaurant inspection details, visit their St. Johns County restaurant inspection site.

Which St. Johns County restaurants got perfect scores on their health inspections?

These restaurants met all standards during their Dec. 11-17 inspections and no violations were found.

• 180 Vilano Grill, 180 Vilano Rd, Saint Augustine**

• Inn Dining Room, 200 Ponte Vedra Blvd, Ponte Vedra Beach**

• Llama Restaurant, 415 Anastasia Blvd, Saint Augustine**

• Papa John's Pizza, 100-4 Gateway Cir, St. Johns**

• Restaurant Medure, 818 A1a N, Ponte Vedra Beach**

• Sea Foam Dining Room, 200 Ponte Vedra Blvd, Ponte Vedra Beach**

** Restaurants that failed an inspection and aced a follow-up inspection in the same week

Which St. Johns County restaurants had high-priority violations?

541 A1a Beach Blvd, Saint Augustine

Routine Inspection on Dec. 12

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

9 total violations, with 1 high-priority violation

• High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. In dining area, buttermilk waffle dispenser, waffle batter (60F - Cold Holding) Operator stated they discard waffle batter after 4 hours. Operator put waffle mix on time as a public health control. **Corrected On-Site**

45 Fountains Way, St. Johns

Complaint Inspection on Dec. 11

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

4 total violations, with 2 high-priority violations

• High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Bags of cheddar cheese sauce in standing water in prep area by office at 54F, per manager bags where placed in sink less then 1 hour prior, employee took bags out of sink and began to portion cheese into individual cups, then cups placed in walk in cooler. **Corrective Action Taken**

• High Priority - Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. melted butter (115F - Hot Holding) stored on top of warming unit for fried items on cook line, per manager butter was placed there less then 1 hour prior, butter placed in steam well near flat top grill on cook line. **Corrective Action Taken** **Repeat Violation** **Admin Complaint**

84 Theatre Dr Unit 2000, St Augustine

Routine Inspection on Dec. 15

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

1 total violation, with 1 high-priority violation

• High Priority - - From initial inspection : High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. In reach-in cooler across from pizza ovens, cooked meatballs (45F - Cold Holding); ham (45F - Cold Holding); cooked sausage (45F-Cold Holding) Operator stated they had been in and out of cooler a lot during their lunch rush approximately 45 minutes prior. Operator put items in reach-in freezer **Corrective Action Taken** **Warning** - From follow-up inspection 2023-12-15: *n reach-in cooler across from pizza oven, meatballs 51F, sausage 49F, ham 51F Person in Charge stated food had been in reach-in cooler less than 4 hours and moved to different cooler. Person in Charge stated maintenance is scheduled for this day. **Admin Complaint** **Corrective Action Taken**

2560 Sr 16, Saint Augustine

Complaint Inspection on Dec. 11

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

9 total violations, with 3 high-priority violations

• High Priority - Raw animal food stored over/not properly separated from ready-to-eat food. Raw bacon stored over bag of liquid eggs in bottom of reach in cooler on make line near sever area, per manager bacon is raw, bacon removed. Raw shell eggs stored over bag in box liquid eggs in walk in cooler, both items rearranged. **Corrected On-Site** **Repeat Violation** **Admin Complaint**

• High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. individual sour cream (49F - Cold Holding) in overfilled container without a lid in reach in cooler under service window in server area, per manager cream has been in cooler no more then a couple of hours, cream placed in walk in cooler. **Corrective Action Taken**

• High Priority - Time/temperature control for safety food identified in the written procedure as a food held using time as a public health control has no time marking. Pancake batter in container and dispenser on cook line, per manager batter had been taken out of walk in cooler no more then a couple a hours prior.

100 St George Street, Suite J & K, Saint Augustine

Routine Inspection on Dec. 11

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

7 total violations, with 1 high-priority violation

641 A1a Beach Blvd, Saint Augustine

Complaint Partial Inspection on Dec. 11

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

2 total violations, with 1 high-priority violation

158 Marketside Ave #10, Ponte Vedra

Routine Inspection on Dec. 12

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

9 total violations, with 2 high-priority violations

• High Priority - Stop Sale issued on time/temperature control for safety food due to temperature abuse. individual butters (71F - Cold Holding) in container sitting under service window in kitchen, per employee the last time anyone had put out butter was the previous day. **Repeat Violation** **Admin Complaint**

• High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. individual butters (71F - Cold Holding) in container sitting under service window in kitchen, per employee the last time anyone had put out butter was the previous day. wasabi cream (66F - Cold Holding); ranch (67F - Cold Holding) in bottles sticking out of open cooler in server area in front of service window, per employee bottles where placed out approximately 2 hours prior, bottles placed in walk in freezer, all items retemp below 41F. **Corrective Action Taken** **Repeat Violation** **Admin Complaint**

880 Santa Maria Blvd Ste 2, Saint Augustine

Routine Inspection on Dec. 11

Follow-Up Inspection Required: Violations require further review, but are not an immediate threat to the public.

20 total violations, with 5 high-priority violations

• High Priority - Dishmachine chlorine sanitizer not at proper minimum strength. Discontinue use of dishmachine for sanitizing and set up manual sanitization until dishmachine is repaired and sanitizing properly. Dishwasher (Chlorine 0ppm) Operator called dish maintenance during inspection. **Warning**

• High Priority - Raw animal food stored over/not properly separated from ready-to-eat food. In 1st chest freezer next to walk-in cooler, raw individually wrapped fish stored over ice cream. Operator moved fish. In 2nd chest freezer next to walk-in cooler, raw pork and raw beef stored over frozen vegetables. Operator rearranged freezer. Behind sushi bar in small freezer, frozen individually wrapped fish stored over cookies. Operator moved cookies. **Corrected On-Site** **Repeat Violation** **Admin Complaint**

• High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. On cook line, container of garlic in oil (67F - Cold Holding) Operator stated it had been out approximately 1 hour and put it in the reach-in cooler. In reach-in cooler across from cook line, raw steak (46F - Cold Holding) Operator stated steak had been in reach-in cooler less than 2 hours and put it in walk-in freezer **Corrective Action Taken**

• High Priority - Time/temperature control for safety food identified in the written procedure as a food held using time as a public health control has no time marking and the time removed from temperature control cannot be determined. See stop sale. Operator keeps shrimp tempura and sushi rice on time but does not have it marked. Operator marked time during inspection. **Repeat Violation** **Admin Complaint**

• High Priority - Toxic substance/chemical improperly stored. In server station on bottom shelf, containers of drain-o next to container of soy sauce. Operator moved drain-o. **Corrected On-Site**

What agency inspects restaurants in Florida?

Routine regulation and inspection of restaurants is conducted by the Department of Business and Professional Regulation. The Department of Health is responsible for investigation and control of food-borne illness outbreaks associated with all food establishments.

How do I report a dirty restaurant in Florida?

If you see abuses of state standards, report them and the Department of Business and Professional Regulation will send inspectors. Call the Florida DBPR at 850-487-1395 or report a restaurant for health violations online.

Get the whole story at their restaurant inspection database.

What does all that terminology in Florida restaurant inspections mean?

Basic violations are those considered against best practices.

A warning is issued after an inspector documents violations that must be corrected by a certain date or within a specified number of days from receipt of the inspection report.

An administrative complaint is a form of legal action taken by the division. Insufficient compliance after a warning, a pattern of repeat violations or existence of serious conditions that warrant immediate action may result in the division initiating an administrative complaint against the establishment. Says the division website: "Correcting the violations is important, but penalties may still result from violations corrected after the warning time was over."

An emergency order — when a restaurant is closed by the inspector — is based on an immediate threat to the public. Here, the Division of Hotels and Restaurants director has determined that the establishment must stop doing business and any division license is suspended to protect health, safety or welfare of the public.

A 24-hour call-back inspection will be performed after an emergency closure or suspension of license.

This article originally appeared on St. Augustine Record: St. Augustine area restaurant and food truck inspections Dec. 11-17