Legislators review hundreds of bills each year and cannot be expected to know and understand how every industry works or what its needs are. One way they obtain information is to require that proponents of a bill supply answers about the impact and cost of the bill on a questionnaire called the “Sunrise Questionnaire for Groups Seeking New Regulation.”
Proponents Tim McMullen of Associated Locksmiths of America (ALOA) and Ken Kupferman of the Florida West Coast Locksmiths Association (FWCLA) answered the 14 questions posed to them. Both sponsors of the bills, Representative Thomas Anderson (R) and Senator Victor Crist (R), later on in committee meeting testimony, echoed much of the information.
Since many times busy legislators rely on the information provided by industry experts, it’s important to examine the accuracy of the information ALOA and FWCLA provided about the Florida locksmith industry.
Some questions and answers have been summarized. To read the Questionnaire and the answers in its entity, go to the link at the bottom of the story. Links to all documentation are listed after the story. Also, take the time to notice how many questions are obviously answered by ALOA and how many by FWCLA. It’s important when the very last question is presented.
Question 1
Provide the number of individuals or businesses that would be subject to the regulation:
Only ALOA Answered: ALOA estimated there were 1,660 locksmiths in Florida. ALOA states they have 415 Florida members and with these figures assumes they represent 20% of all Florida locksmiths.
Inaccurate: The Senate’s analyst Mandy O’Callaghan, who analyzed the bill, estimates there are 2,400 locksmiths in Florida. An exhaustive check of ALOA’s FindALocksmith website for Florida locksmiths in April revealed only 249 Florida members listed. These figures indicate ALOA represents only 10% of all locksmiths in Florida. Either ALOA miscounted or 166 Florida locksmiths have paid for an ALOA membership with a listing and did not get their listing.
Question 2
Name each association that represents members of the profession or occupation and provide a copy of its codes of ethics or conduct:
Answer: FWCLA and ALOA stated they had members in 3 state associations and listed:
Central Florida Locksmith Association
(45 members, 7 in ALOA)
First Coast Locksmith Association
(20 members, 1 in ALOA)
Florida West Coast Locksmith Association
(48 members, 8 in ALOA)
Associated Locksmiths of America (ALOA) – Code of Ethics attached.
Accurate: After comparing ALOA’s membership list with the online member lists of each association, ALOA has a total of 16 members in three state associations or about 13%.
Accurate? Since ALOA did attach their Code of Ethics, I checked to see if “fudging” on a Senate Questionnaire was specifically listed and no, it wasn’t. The ALOA Code of Ethics is worth a read. It specifies that locksmiths should have “high ideals of personal honor.”
Question 3
Document the nature and extent of the harm to the public caused by the unregulated practice of the profession or occupation. Describe any complaints lodged against persons who have practiced the profession or occupation in this state during the preceding 3 years.
Before we reveal FWCLA and ALOA’s answer, we first need to get a good definition of a “professional” locksmith. Locksmiths, themselves, come in various degrees depending upon their desires. Some locksmiths are general practitioners – they do a little bit of everything. Others may specialize in just one or two areas of locksmithing such as auto, safes, commercial, residential, access control, hospitality, etc. The possibilities are endless. But whatever course of operation a locksmith chooses, he/she can be considered a professional if they meet the following definition and I believe most locksmiths meet this definition. To define a “professional” locksmith we do that by defining three words within this question:
Practice: to do or perform something repeatedly in order to acquire a skill
Profession: an occupation that requires considerable and specialized training
Occupation: an activity that serves as one’s regular source of livelihood
With these definitions, the question clearly is “Document the nature and extent of the harm to the (Florida) public caused by unregulated (by the State) professionally-trained Florida locksmiths who actively acquire skills and training to enhance their service and livelihood.”
The word “Florida” was added to clarify which “public” the Senators were concerned about since, obviously, they can only legislate in Florida. Also added are the words “by the State” to modify the word “unregulated.” Currently, there are no State regulations, which is what the question refers to, but professional locksmiths do adhere to county and city regulations, which mainly include zoning procedures, occupational licenses or business tax receipts.
Why “locksmith” scammers can never be considered professional locksmiths
Undoubtedly, one of the best explanations of how a network of professional locksmiths operates within a community was written by locksmith Tom Lynch, CRL, founder of the Society of Professional Locksmiths and former board member of ALOA and is posted on the media resource page of his website. (See link below) It states:
Fabric of the Industry -
The locksmith industry is comprised of a variety of individuals who posses various skill sets and backgrounds. The industry is considered to be a specialized tight-knit community. On a local level the professional locksmiths know each other and those working within their demographic area because of all the hours spent training together, meeting at locksmith supply houses, attending social events and association meetings, and attending product seminars or conventions. These locksmiths are frequently engaged in assisting one another in skill set development and mentoring. They regularly refer locksmiths in other areas when calls come in from out of their work area or if a job requires someone of a certain specialty.
“Locksmith” scammers are obviously locked out of this vibrant network of professionals.
Unfortunately, for Florida’s professional locksmiths, FWCLA and ALOA did not read through the question as thoroughly as I did. Their answer lumped Florida’s professional locksmiths with all sorts of criminal and unethical “locksmith” scammers not only in Florida, but all over the United States and in Canada when they provided a specific link to ALOA’s website. Here’s FWCLA and ALOA’s answer, or maybe it was just ALOA’s answer:
Answer: FWCLA and ALOA state that “locksmith scammers are defrauding and overcharging the public all over the country with a large portion in the retirement communities of Florida.” Legislators are provided a link to ALOA’s website, specifically to an 11-page list of 201 news stories from around the country and Canada with at least one-third of the articles more than three years old. (There were 201 news stories when I first began writing about this issue. More stories have been added.)
Accurate part: “Locksmith” scammers……is happening all over the country.
Inaccurate part: Linking to this list of 201 news stories across the country gives the impression the problem in Florida is huge when only 13 stories are Florida-related and within the three year limit. Many of the headlines use the word “locksmith” without explaining that these were call center employees posing as locksmiths.
Here’s how the 13 Florida stories break down:
8 Stories highlighted the investigation and arrest of call center
owner David Peer who dispatched the “locksmith”scammers.
(This was great news for the industry. These are not problem
“locksmith” stories but problem solved stories.)
1 “News story of Senator Victor Crist introducing SB 658
(an announcement story)
4 Stories are about call center employee scammers posing as
locksmiths. None of the stories identify the victim as
a retirement community resident. See links to stories below.
Four incidents in 3 years, none of which are related to professional locksmiths. This is not a huge problem. I’ll tell you later what other agencies have said, but after analyzing merely the documentation ALOA provided to legislators, there were only 4 incidents.
Tomorrow:
Part 2 details the booklet of locksmith misconduct given to House Committee members, Rep. Thomas Anderson’s comments at a committee hearing, what important “enforcement mechanism” (law) does ALOA believe is necessary for Florida locksmiths and what is the motivation behind ALOA’s push
DOCUMENTATION
Sunrise Questionnaire Click Here
Associations
Central Florida Locksmith Association www.cflalocksmith.org
First Coast Locksmith Association www.fcla.net
Florida West Coast Locksmith Association www.fwcla.org
Associated Locksmiths of America www.aloa.org
ALOA’s locksmith listings www.findalocksmith.com
ALOA’S Press room – 200+ stories www.aloa.org/pdf/pressroom.pdf
There were 201 stories when I first began investigating in March/April
Society of Professional Locksmiths' Media Resource Page
www.sopl.us/media-resource-page.html
4 news stories – none identifying victims as retirement community residents
1. University of South Florida students and “locksmith” scammers www.usforacle.com/address-listings-for-mobile-locksmiths-don-t-match-up-1.2109053
2. Jacksonville “locksmith” scammer story www.firstcoastnews.com/news/special/specialreports/news-article.aspx?storyid=147962&catid=343
3. Hudson, FL story of woman and “locksmith”scammer www.abcactionnews.com/news/local/story/Finding-a-trustworthy-locksmith/QNY61c7L3kiKAAAOnpMSEQ.cspx
4. Orlando woman and “locksmith” scammer www.clickorlando.com/news/14656112/detail.html
Showing posts with label Anderson. Show all posts
Showing posts with label Anderson. Show all posts
Tuesday, May 25, 2010
Monday, May 24, 2010
Investigation uncovers origins and motivations of failed locksmith law
Tomorrow I’ll begin posting my three-part investigative report on how the Associated Locksmiths Of America (ALOA) and the Florida West Coast Locksmith Association (FWCLA) answered the Florida Senate’s 14 questions on the impact of the bill they proposed. The information is vital because if the proponents’ answers were flawed and unchallenged, as they were when no one opposed the legislation in the committee meeting hearings, it could have resulted in a defective locksmith law and caused hardship for locksmiths for many years to come.
While I completed the report about two weeks ago, my editor, Carol, had it a week, then, of course, there was the inevitable talk with the attorney. It’s always good to get a legal opinion even if you have years of legal experience and almost one year of law school. I say, almost, because while I loved learning about law, I realized I didn’t want to be an attorney so dropped out near the end of the first year. The knowledge I received, however, was invaluable for conducting investigations as well as writing and researching legal and legislative issues, but I’d never be so foolhardy as to proceed into a prickly area without advice of counsel.
Investigative journalists who write blogs have to be judicious in what they write so as not to unintentionally draw a defamation suit. Defamation occurs when “one acts with reckless disregard for the truth.” Documenting every step taken in the investigation, obviously, provides the antidote to reckless disregard. Documentation also leaves a trail of breadcrumbs that some one else can follow if need be.
Investigative work and documentation are time-consuming because stories must be based on accurate facts and figures that are not always initially apparent. A friend, in his 70’s, recently shared sage advice about figures that he learned in his youth.
“Remember,” said Bill Nichols of Winter Park, “Figures do not lie, but liars sure can figure.”
Exactly! That’s what reporters seek to discover – who’s mischaracterizing issues, facts and figures and why? Who’s making what statements and for what purpose? Of course, there are those who sometimes make statements out of ignorance – they just don’t know enough about a situation and assume things or they repeat rumors. For others, it’s intentional. They have a plan. They have an agenda. There’s a goal in sight. At other times reporters just have to explain issues in concise terms so people can understand them. Investigative reporters are trained to sort things out and give a clearer picture of what is going on or what happened.
Part 1 of my report details the first two questions and part of Question 3 and includes: who would be regulated and how many of the locksmiths do the proponents say they represent; what associations are involved and the evidence ALOA and FWCLA presented on how Florida locksmiths have harmed the public.
See you tomorrow!
While I completed the report about two weeks ago, my editor, Carol, had it a week, then, of course, there was the inevitable talk with the attorney. It’s always good to get a legal opinion even if you have years of legal experience and almost one year of law school. I say, almost, because while I loved learning about law, I realized I didn’t want to be an attorney so dropped out near the end of the first year. The knowledge I received, however, was invaluable for conducting investigations as well as writing and researching legal and legislative issues, but I’d never be so foolhardy as to proceed into a prickly area without advice of counsel.
Investigative journalists who write blogs have to be judicious in what they write so as not to unintentionally draw a defamation suit. Defamation occurs when “one acts with reckless disregard for the truth.” Documenting every step taken in the investigation, obviously, provides the antidote to reckless disregard. Documentation also leaves a trail of breadcrumbs that some one else can follow if need be.
Investigative work and documentation are time-consuming because stories must be based on accurate facts and figures that are not always initially apparent. A friend, in his 70’s, recently shared sage advice about figures that he learned in his youth.
“Remember,” said Bill Nichols of Winter Park, “Figures do not lie, but liars sure can figure.”
Exactly! That’s what reporters seek to discover – who’s mischaracterizing issues, facts and figures and why? Who’s making what statements and for what purpose? Of course, there are those who sometimes make statements out of ignorance – they just don’t know enough about a situation and assume things or they repeat rumors. For others, it’s intentional. They have a plan. They have an agenda. There’s a goal in sight. At other times reporters just have to explain issues in concise terms so people can understand them. Investigative reporters are trained to sort things out and give a clearer picture of what is going on or what happened.
Part 1 of my report details the first two questions and part of Question 3 and includes: who would be regulated and how many of the locksmiths do the proponents say they represent; what associations are involved and the evidence ALOA and FWCLA presented on how Florida locksmiths have harmed the public.
See you tomorrow!
Friday, May 7, 2010
Florida locksmith services law dies in House and Senate committees
The 2010 Locksmith Services law (House Bill 301 and Senate Bill 658) died in committee on April 30, the last day of session. While Florida locksmiths are safe from the burdensome regulations for another year, it was closer to passing this year than last.
The bills passed favorably through 2 of the 5 Senate committees and 2 of the 4 House committees. By mid-April, with only 2 weeks left in the session, the bills looked all but dead. Then former Associated Locksmiths Of America (ALOA) President Ken Kupferman sent out an urgent email asking Florida locksmiths to call House Speaker Larry Cretual and Majority Leader Adam Hasner and “ask them to bring our bill to the House Floor for a vote.”
What was going on? Had something been missed? How could asking Cretual and Hasner to bring the bill to the House floor for a vote have helped when it still had so far to go in the Senate? What would that have accomplished?
Plenty, as it turns out!
According to Jaryn Emhof, Communications Director for Senate President Jeff Atwater, “when a bill in the House and the Senate is identical (as was the case with HB 301 and SB 658) , and, if a deal has been made between the sponsors, should the bill pass one Chamber, it can automatically be passed in the other Chamber.”
Did Rep. Thomas Anderson (R) and Senator Victor Crist (R), (both sponsors in 2009 and 2010), reach an agreement either before or during the 2010 session? It’s possible. If it had been brought to the floor for a vote, in all likelihood, it would have passed, sidestepping the 5 remaining committee hearings.
So that may be the reason for Kupferman’s final urgent emails. It’s also a good reason why those who oppose legislation, any legislation, need to travel to Tallahassee to speak at committee hearings at the beginning of March to stop any unwanted legislation.
I did take Kupferman’s email seriously and called and sent faxes to Cretual and Hasner, but not in support of the bill. This course of action, however, was frustrating, and, I believe, not very effective at this point in the process. When I asked legislative staff answering the phones how they verify that those calling in to express their opinions are Florida residents, they said there was no way they could do that. Since ALOA has about 4,000 to 5,000 nationwide members, it was very disconcerning especially knowing what I already knew about their approach to this legislation.
Knowing how the system works empowers constituents
So how does a bill get started? Generally, interested Floridians approach their representatives in the Senate and the House to suggest a new regulation. Things usually begin happening far in advance of the March to April 60-day session when legislators actually vote on bills.
Bills are filed in November and then referred to councils or committees for discussion. November through March is the best time for constituents to visit their representatives in their district offices and voice their opinion about pending legislation. The second best opportunity for the opposition to voice their opinions is when the committee meetings begin in March. Until then, it’s possible that Representatives and Senators only know what the proponents of the bill have said.
Proponents are usually better organized and funded and are able to hire lobbyists. They and their lobbyist have already been visiting legislators in their districts offices and at campaign events. They even hold events packed with supporters of the bill and invite legislators to attend “to hear what the average locksmith thinks about the bill.”
If no one speaks against the bill at the committee meetings in Tallahassee, as happened in this case, then the bills are favorably passed by majority vote on to the next committee to await the next hearing and vote.
So what did the proponents of the bill have to say about Florida locksmiths and the Florida locksmith industry? You’d be surprised. I know I was.
My next post will reveal how the proponents of the bill answered the 14 questions of the “Sunrise Questionnaire for Groups Seeking New Regulation.” Exactly who are these proponents? How accurate was their assessment of the locksmith industry in Florida or did they over-inflate the problems and their representation of the industry? Did they mischaracterize Florida locksmiths or were they spot on? More importantly, what did they neglect to mention?
The next post is a long one because not only are the questions and answers listed, but interviews with legislative staff and investigative research has been provided as to the validity of the proponents’ claims.
If you haven’t signed up for this blog by email, please do so now. Watch for this next post, print it out and take time to read it. Then be ready next November to take a stand should a new bill be filed. Visit your representatives when they hold campaign events this summer or in their district offices – it’s a much shorter trip than driving to Tallahassee.
The bills passed favorably through 2 of the 5 Senate committees and 2 of the 4 House committees. By mid-April, with only 2 weeks left in the session, the bills looked all but dead. Then former Associated Locksmiths Of America (ALOA) President Ken Kupferman sent out an urgent email asking Florida locksmiths to call House Speaker Larry Cretual and Majority Leader Adam Hasner and “ask them to bring our bill to the House Floor for a vote.”
What was going on? Had something been missed? How could asking Cretual and Hasner to bring the bill to the House floor for a vote have helped when it still had so far to go in the Senate? What would that have accomplished?
Plenty, as it turns out!
According to Jaryn Emhof, Communications Director for Senate President Jeff Atwater, “when a bill in the House and the Senate is identical (as was the case with HB 301 and SB 658) , and, if a deal has been made between the sponsors, should the bill pass one Chamber, it can automatically be passed in the other Chamber.”
Did Rep. Thomas Anderson (R) and Senator Victor Crist (R), (both sponsors in 2009 and 2010), reach an agreement either before or during the 2010 session? It’s possible. If it had been brought to the floor for a vote, in all likelihood, it would have passed, sidestepping the 5 remaining committee hearings.
So that may be the reason for Kupferman’s final urgent emails. It’s also a good reason why those who oppose legislation, any legislation, need to travel to Tallahassee to speak at committee hearings at the beginning of March to stop any unwanted legislation.
I did take Kupferman’s email seriously and called and sent faxes to Cretual and Hasner, but not in support of the bill. This course of action, however, was frustrating, and, I believe, not very effective at this point in the process. When I asked legislative staff answering the phones how they verify that those calling in to express their opinions are Florida residents, they said there was no way they could do that. Since ALOA has about 4,000 to 5,000 nationwide members, it was very disconcerning especially knowing what I already knew about their approach to this legislation.
Knowing how the system works empowers constituents
So how does a bill get started? Generally, interested Floridians approach their representatives in the Senate and the House to suggest a new regulation. Things usually begin happening far in advance of the March to April 60-day session when legislators actually vote on bills.
Bills are filed in November and then referred to councils or committees for discussion. November through March is the best time for constituents to visit their representatives in their district offices and voice their opinion about pending legislation. The second best opportunity for the opposition to voice their opinions is when the committee meetings begin in March. Until then, it’s possible that Representatives and Senators only know what the proponents of the bill have said.
Proponents are usually better organized and funded and are able to hire lobbyists. They and their lobbyist have already been visiting legislators in their districts offices and at campaign events. They even hold events packed with supporters of the bill and invite legislators to attend “to hear what the average locksmith thinks about the bill.”
If no one speaks against the bill at the committee meetings in Tallahassee, as happened in this case, then the bills are favorably passed by majority vote on to the next committee to await the next hearing and vote.
So what did the proponents of the bill have to say about Florida locksmiths and the Florida locksmith industry? You’d be surprised. I know I was.
My next post will reveal how the proponents of the bill answered the 14 questions of the “Sunrise Questionnaire for Groups Seeking New Regulation.” Exactly who are these proponents? How accurate was their assessment of the locksmith industry in Florida or did they over-inflate the problems and their representation of the industry? Did they mischaracterize Florida locksmiths or were they spot on? More importantly, what did they neglect to mention?
The next post is a long one because not only are the questions and answers listed, but interviews with legislative staff and investigative research has been provided as to the validity of the proponents’ claims.
If you haven’t signed up for this blog by email, please do so now. Watch for this next post, print it out and take time to read it. Then be ready next November to take a stand should a new bill be filed. Visit your representatives when they hold campaign events this summer or in their district offices – it’s a much shorter trip than driving to Tallahassee.
Subscribe to:
Posts (Atom)
