Saturday, April 10, 2010

Who said what at the Florida Senate hearing on the locksmith bill and why was it important?

Last Tuesday the Florida Senate Community Affairs Committee passed unanimously SB 658 to impose strict regulations on Florida locksmiths. The hearing lasted just 2 minutes and 25 seconds and only one proponent spoke in favor of the bill – the bill’s sponsor Senator Victor Crist (R). Also on hand to speak was Florida West Coast Locksmiths Association lobbyist Janet Mabry. No opponents came to speak against the bill.

Since you missed the hearing, here’s a transcript of what was said. Senator Crist was introduced to the committee by Chairman Senator Mike Bennett (R).

Crist: "Thank you, Mr. Chairman.

Members, We find from time to time we often need to go into a certain area of consumer industries and provide additional safeguards for consumers. Over the years, the locksmith industry has been a favorable industry by those who would prey on consumers through illegal activities to grow those illegal activities. We provide on this industry to put our locks on our homes, businesses, schools and what not and criminals are finding what better way to access than to be the locksmith to secure the facility or keep a set of keys or combination to your safe for themselves.

So what this bill does per the request of this industry sets basic requirements that starts 1) doing criminal background check. 2) it requires they have to have a legal location and address at which they do business, and it basically professionalizes the industry and it works to helps protect the consumer from the rampant fraud that has been taking place especially in South Florida. There has been a lot of media attention to this issue.”

Chairman: “ Questions? We have one speaker, Janet Mabry for the Florida Locksmith Association** who is in support of the bill. Additional questions?
(no response from committee members) Additional debate? (no response from committee members) Secretary, please call the roll on SB 658.”

The secretary then called the roll and nine Senators (one was absent) all voted in favor of the bill.

Committee members all voted to “professionalize the industry and help protect the consumer from the rampant fraud that has been taking place, especially in South Florida.”

So is there rampant fraud in Florida’s locksmith industry, especially in South Florida? Why is this important? It’s important because if it’s true, legislators should take immediate action to stop it. (According to Webster’s Dictionary “rampant” is defined as “threatening, extravagant or unrestrained in bearing.”)

If it’s not true that professional locksmiths are acting fraudulently, then regulating professional locksmiths won’t solve the problem.

Those, however, who pose as professional locksmiths, tend to negatively influence the public’s perception of the industry. These fakers (criminals) would legally fall under the anti-fraud laws and the jurisdiction of Attorney General Bill McCollum’s office. These criminals, obviously, can’t be "regulated" with civil charges until caught. Part of the duty and mission of McCollum’s office is to warn and educate the public of fraudulent activity such as the warnings of similarly unlicensed industries such as car mechanics. (Car mechanics pay for their own initial training, can improve their knowledge by voluntarily getting training or certified in certain brands or systems and don’t require licensing or continuing education.)

Depending upon the frequency of the crime, it may be time for McCollum to add the locksmith industry to his list of the 83 most frequent crimes against consumers. Each link on his page leads to information on how to avoid being a victim of the particular type of fraud.

In the meantime, Senator Crist’s legislative aide is compiling the documentation upon which the Senator based his conclusions. That along with requested locksmith fraud information from McCollum’s office and from an agency in South Florida should give a better picture of what is happening in Florida.

Plus, coming next week are interviews with Dade County locksmiths who are already regulated. What is the difference between the Dade County ordinance and the proposed locksmith law? And do those who are already regulated, think the new law will solve the problem of those posing as locksmiths?


** Note: There is no “Florida Locksmith Association.” When Mabry signed her Florida Senate Committee Appearance Record (card), she wrote that she was representing “Florida Locksmiths.” She should have written her client’s name - Florida West Coast Locksmith Association. However, the card did look like it was written quickly. When the Chairman, Senator Bennett read the card he mistakenly added the word “Association.”

Tuesday, April 6, 2010

Senate hearing on Florida locksmith law meets Wed., April 7, 2010 in Tallahassee

The Senate Community Affairs Committee meets at 8 a.m., Wed., April 7, in Room 412-K of the Knott Building (404 South Monroe Street) to hear comments from those opposing or supporting SB 658 filed by Sen. Victor Crist (R) on behalf of Ken Kupferman, former ALOA president, but representing the Florida West Coast Locksmiths Association and Tim McMullen, ALOA Legislative Manager.

This committee hearing is the second of five committees the bill must favorably pass through to get a vote on the Senate floor. It has already passed the Commerce Committee hearing. If unable to attend this hearing, you can phone, fax or email the committee members listed below to express your opinion.

The sponsor of the bill, Senator Victor Crist (R) can be reached at: 850-487-5068 or at Crist.Victor.web@flsenate.gov.

Community Affairs Committee

Chair: Senator Michael S. Bennett (R)
District Office: Bradenton
850-487-5078 Phone
850-487-5486 Fax
Bennett.mike.web@flsenate.gov

Vice Chair: Senator Gary Siplin (D)
District Office: Orlando
850-487-5190 Phone
850-487-5418 Fax
Siplin.Gary.web@flsenate.gov

Committee Members:

Senator Thad Altman (R)
District Office: Melbourne
850-487-5053 Phone
850-487-5463 Fax
Altman.Thad.web@flsenate.gov

Senator Ted Deutch (D)
District Office: Delray Beach
850-487-5091 Phone
850-487-5456 Fax
Deutch.Ted.web@flsenate.gov

Senator Rudy Garcia (R)
District Office: Hialeah
850-487-5106 Phone
888-284-8594 Fax
Garcia.Rudy.web@flsenate.gov

Senator Andy Gardiner (R)
District Office: Orlando
850-487-5047 Phone
850-487-5527 Fax
Gardiner.Andy.web@flsenate.gov

Senator Anthony C. Hill, Sr. (D)
District Office: Jacksonville
850-487-5024 Phone
850-487-5447 Fax
Hill.tony.web@flsenate.gov

Senator Jeremy Ring (D)
District Office: Margate
850-487-5094 Phone
850-487-5394 Fax
Ring.Jeremy.web@flsenate.gov

Senator Ronda Storms (R)
District Office: Brandon
850-487-5072 Phone
850-487-5485 Fax
Storms.Ronda.web@flsenate.gov

Senator John Thrasher (R)
District Office: Jacksonville
850-487-5030 Phone
850-487-5368 Fax
Thrasher.John.web@flsenate.gov

Senator Stephen R. Wise (R)
District Office: Jacksonville
850- 487-5027 Phone
Not available at press time
Wise.Stephen.web@flsenate.gov