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!
Showing posts with label Florida. Show all posts
Showing posts with label Florida. Show all posts
Monday, May 24, 2010
Saturday, March 27, 2010
National policy expert gives pending Florida locksmith law a thumbs down
I asked John Berlau, policy analyst at the Competitive Enterprise Institute in Washington, D.C. to look at HB 301 and comment on how this law would affect the mom-and-pop locksmith businesses if this law passed in Florida. Berlau is a frequent guest on Fox News’ “Your World with Neil Cavuto,” CNBC’s “The Call” and “Closing Bell” and MSNBC’s “The Situation” with Tucker Carlson. Besides television and radio broadcasts, Berlau writes for numerous news publications such as the Wall Street Journal, Barron’s and Investor’s Business Daily. He is the Director of the Center of Investors and Entrepreneurs for CEI and graduated from the University of Missouri with a degree in journalism and economics. For more information about Berlau and the Competitive Enterprise Institute, go to http://cei.org or www.cei.org.
Barbara Martin: So, Mr. Berlau, what did you think about the pending locksmith law in Florida now that you’ve had a chance to analyze it?
John Berlau: Nobel Prize winner in Economics Milton Friedman had written that the real effects of licensing, though often justified by proponents in the name of safety and security, is to serve the self-interest of members of a powerful industry group and to lock out competition. This group will then raise the rates, raise the wages and raise the prices to the advantage of the group benefiting from the law.
It seems like what Friedman wrote fits this bill.
The big issue is that the costly hours for mandatory training puts up a barrier for competition, raises prices for consumers and may actually be unconstitutional.
There are definitely some constitutional issues here. The Fourteenth Amendment states that individuals cannot be deprived of life, liberty and property without due process of law. To practice your trade is a liberty and this bill takes that away without due process of law and it just states that you can’t be a locksmith. There have been some court challenges based on this amendment and recently courts have been friendlier to economic liberty.
Martin: The Associated Locksmiths of America (ALOA) has provided the framework for the bill including the mandatory training. You can see a sample bill on their site which they make available for local locksmith associations to present to legislators as a guide. All they really need is one association in the state to work with them. While there are thousands of locksmiths in the state of Florida (estimates of about 3,000*), ALOA only lists 234 Florida members on its site (268 if you count duplicate business listings), yet ALOA’s members and their certified trainers in Florida are spearheading and pushing the legislation probably because a good part of their income is derived from providing training programs and trainers.
Berlau: ALOA should operate like AAA (the American Automobile Association) and other organizations in their ratings of businesses such as hotels. It is fine for ALOA to perform such a service, but as with AAA hotel ratings, it should be voluntary. ALOA is free to advertise to the market, to make the case to consumers that its members who complete their training are more qualified. They are free to use that power of persuasion, but they shouldn’t use the power of big government to both coerce locksmiths and consumers into their cartel and fill their coffers.
Martin: Another reason, no doubt, ALOA is involved is because of the locksmith scammer problems we’ve had, although with the arrest of a major player, call center owner David Peer in November, that problem seems to have to subsided. I’m seeing more legitimate locksmith ads and listings on the Internet and the phone directories are working on the problem as well. The latest books I received had no scammer advertising in it, but the listings still needed work.
Berlau: These problems all get into the issue of fraud. You wouldn’t need all this required training to solve fraud problems. All that’s needed are the false advertising laws already on the books. There are going to be scam artists out there. This law affects the law-abiding. They just need to beef up the fraud laws or enforce the laws already on the books. I’m sure Florida has a number of fraud laws on the books, bait and switch, - whatever - you can get them on any one of those laws and if they cross state lines it would involve federal laws.
Ultimately, Florida locksmiths should have the liberty to practice their trade without unreasonable restrictions. It seems all that would be necessary would be a simple background check to prevent criminals from becoming locksmiths.
While I generally believe that fingerprinting violates privacy rights, civil liberties and the Fourth Amendment’s prohibition of unreasonable search and seizures, there is an issue of public safety here. Still, I’m not sure if the safety interests here justify fingerprinting. If fingerprints are collected, though, access to the fingerprint registry needs to be strictly controlled to prevent abuses.
Martin: Thank you so much for your interview. You've effectively defined what a lot of locksmiths are saying and feeling.
Berlau: Anytime. Please keep me informed. This is an issue CEI would like to follow.
*Note: One good thing about blogs is that when you make a mistake you can fix it quickly. I previously over estimated the number of locksmiths in Florida. The number is closer to 3,000.
Barbara Martin: So, Mr. Berlau, what did you think about the pending locksmith law in Florida now that you’ve had a chance to analyze it?
John Berlau: Nobel Prize winner in Economics Milton Friedman had written that the real effects of licensing, though often justified by proponents in the name of safety and security, is to serve the self-interest of members of a powerful industry group and to lock out competition. This group will then raise the rates, raise the wages and raise the prices to the advantage of the group benefiting from the law.
It seems like what Friedman wrote fits this bill.
The big issue is that the costly hours for mandatory training puts up a barrier for competition, raises prices for consumers and may actually be unconstitutional.
There are definitely some constitutional issues here. The Fourteenth Amendment states that individuals cannot be deprived of life, liberty and property without due process of law. To practice your trade is a liberty and this bill takes that away without due process of law and it just states that you can’t be a locksmith. There have been some court challenges based on this amendment and recently courts have been friendlier to economic liberty.
Martin: The Associated Locksmiths of America (ALOA) has provided the framework for the bill including the mandatory training. You can see a sample bill on their site which they make available for local locksmith associations to present to legislators as a guide. All they really need is one association in the state to work with them. While there are thousands of locksmiths in the state of Florida (estimates of about 3,000*), ALOA only lists 234 Florida members on its site (268 if you count duplicate business listings), yet ALOA’s members and their certified trainers in Florida are spearheading and pushing the legislation probably because a good part of their income is derived from providing training programs and trainers.
Berlau: ALOA should operate like AAA (the American Automobile Association) and other organizations in their ratings of businesses such as hotels. It is fine for ALOA to perform such a service, but as with AAA hotel ratings, it should be voluntary. ALOA is free to advertise to the market, to make the case to consumers that its members who complete their training are more qualified. They are free to use that power of persuasion, but they shouldn’t use the power of big government to both coerce locksmiths and consumers into their cartel and fill their coffers.
Martin: Another reason, no doubt, ALOA is involved is because of the locksmith scammer problems we’ve had, although with the arrest of a major player, call center owner David Peer in November, that problem seems to have to subsided. I’m seeing more legitimate locksmith ads and listings on the Internet and the phone directories are working on the problem as well. The latest books I received had no scammer advertising in it, but the listings still needed work.
Berlau: These problems all get into the issue of fraud. You wouldn’t need all this required training to solve fraud problems. All that’s needed are the false advertising laws already on the books. There are going to be scam artists out there. This law affects the law-abiding. They just need to beef up the fraud laws or enforce the laws already on the books. I’m sure Florida has a number of fraud laws on the books, bait and switch, - whatever - you can get them on any one of those laws and if they cross state lines it would involve federal laws.
Ultimately, Florida locksmiths should have the liberty to practice their trade without unreasonable restrictions. It seems all that would be necessary would be a simple background check to prevent criminals from becoming locksmiths.
While I generally believe that fingerprinting violates privacy rights, civil liberties and the Fourth Amendment’s prohibition of unreasonable search and seizures, there is an issue of public safety here. Still, I’m not sure if the safety interests here justify fingerprinting. If fingerprints are collected, though, access to the fingerprint registry needs to be strictly controlled to prevent abuses.
Martin: Thank you so much for your interview. You've effectively defined what a lot of locksmiths are saying and feeling.
Berlau: Anytime. Please keep me informed. This is an issue CEI would like to follow.
*Note: One good thing about blogs is that when you make a mistake you can fix it quickly. I previously over estimated the number of locksmiths in Florida. The number is closer to 3,000.
Tuesday, October 20, 2009
Locksmiths should get listed with ALOA, LegalLocksmiths.com and/or local associations
I significantly changed my website, http://www.find-a-legit-locksmith.com/, this week by removing all the locksmith listings and I’ll eventually take the site totally down. I had originally created the site by listing, for no charge, all the locksmiths that had registered for a business license. Any locksmith who wanted to add their phone number and website could pay an annual fee.
I had assumed the “locksmith” scammers had not and would not bother to get a business license. I was wrong.
According to Larry Friberg, co-founder of LegalLocksmiths.com, phony locksmiths are now obtaining business licenses and then attempting (unsuccessfully) to use them to gain membership with his organization. Friberg and his partner do a comprehensive background check on those who apply and lists those who qualify.
Since I didn’t have the time or resources to verify how credible my listings were, I removed them and linked both my site and my blog to LegalLocksmiths.com at http://www.legallocksmiths.com/ and ALOA’s (Associated Locksmiths of America) site which lists locksmiths at http://www.findalocksmith.com/.
While LegalLocksmiths.com charges $25 for membership (which pays for the background check), the only benefit is getting listed on their website and, at the same time, supporting their mission to combat this national scourge of phony locksmiths.
According to ALOA’s website, membership costs $195 annually plus a $50 application fee. Membership includes a free bond, discounts on services, education, supplies and conference fees and a monthly magazine. While ALOA’s background check may not be as extensive the one as LegalLocksmiths.com does, they do require a recommendation from a sponsoring locksmith member. ALOA’s fees may be out of reach for the average locksmith right now especially while locksmiths endure the double-whammy of a down economy and losing significant market share to phony locksmiths. Still, locksmiths should consider membership.
Local locksmith associations also do a great job backgrounding and listing legitimate locksmiths. Unfortunately, most of the association websites I’ve seen are not user-friendly so it’s difficult for the average consumer to easily find a locksmith. In addition, most association names are not SEO-friendly (Search Engine Optimization) which means associations don’t show up early on an Internet search. ALOA and LegalLocksmiths.com have both user-friendly and SEO-friendly websites.
Discouraging news
Friberg, a former law enforcement officer, and his partner, by the way, are really sticking their necks out by standing up to this major threat to the locksmith industry. According to published news reports, local and federal police agencies believe the phony locksmiths (hired by call-center owners), are connected to organized crime, started in Chicago, have been entrenched in the U.S. for more than 12 years and are here for the long haul. It's a very serious situation. Local law enforcement are helpful and some state attorney generals are beginning to file lawsuits against the call-center owners, but federal agencies such as the FBI and Homeland Security are pouring resources into terrorist threats much to the neglect of domestic problems. Unfortunately, anyone who does stand up to this scourge can expect to be either sued, face the threat of being sued, receive death threats or all of the above.
According to news stories, there are about 6 to 8 call centers around the country including one in Florida. (See my April 5th blog post “Missouri Attorney General sues Florida Locksmith Company.”) It’s estimated that these call centers each average 400+ JOBS A DAY!!! That is more than 12,000 per month and is a HUGE loss to local locksmiths around the state.
The best thing locksmiths can do, besides educating the public, is to encourage those who are on the frontlines of the battle such as LegalLocksmiths.com by supporting them and, of course, pray for their safety along with anyone else who stands up against the scamming call-center owners. The $25 a year fee is not too much to ask to support them while at the same time enhancing one’s own credentials. Locksmiths should, of course, get involved with their local and national associations.
I had assumed the “locksmith” scammers had not and would not bother to get a business license. I was wrong.
According to Larry Friberg, co-founder of LegalLocksmiths.com, phony locksmiths are now obtaining business licenses and then attempting (unsuccessfully) to use them to gain membership with his organization. Friberg and his partner do a comprehensive background check on those who apply and lists those who qualify.
Since I didn’t have the time or resources to verify how credible my listings were, I removed them and linked both my site and my blog to LegalLocksmiths.com at http://www.legallocksmiths.com/ and ALOA’s (Associated Locksmiths of America) site which lists locksmiths at http://www.findalocksmith.com/.
While LegalLocksmiths.com charges $25 for membership (which pays for the background check), the only benefit is getting listed on their website and, at the same time, supporting their mission to combat this national scourge of phony locksmiths.
According to ALOA’s website, membership costs $195 annually plus a $50 application fee. Membership includes a free bond, discounts on services, education, supplies and conference fees and a monthly magazine. While ALOA’s background check may not be as extensive the one as LegalLocksmiths.com does, they do require a recommendation from a sponsoring locksmith member. ALOA’s fees may be out of reach for the average locksmith right now especially while locksmiths endure the double-whammy of a down economy and losing significant market share to phony locksmiths. Still, locksmiths should consider membership.
Local locksmith associations also do a great job backgrounding and listing legitimate locksmiths. Unfortunately, most of the association websites I’ve seen are not user-friendly so it’s difficult for the average consumer to easily find a locksmith. In addition, most association names are not SEO-friendly (Search Engine Optimization) which means associations don’t show up early on an Internet search. ALOA and LegalLocksmiths.com have both user-friendly and SEO-friendly websites.
Discouraging news
Friberg, a former law enforcement officer, and his partner, by the way, are really sticking their necks out by standing up to this major threat to the locksmith industry. According to published news reports, local and federal police agencies believe the phony locksmiths (hired by call-center owners), are connected to organized crime, started in Chicago, have been entrenched in the U.S. for more than 12 years and are here for the long haul. It's a very serious situation. Local law enforcement are helpful and some state attorney generals are beginning to file lawsuits against the call-center owners, but federal agencies such as the FBI and Homeland Security are pouring resources into terrorist threats much to the neglect of domestic problems. Unfortunately, anyone who does stand up to this scourge can expect to be either sued, face the threat of being sued, receive death threats or all of the above.
According to news stories, there are about 6 to 8 call centers around the country including one in Florida. (See my April 5th blog post “Missouri Attorney General sues Florida Locksmith Company.”) It’s estimated that these call centers each average 400+ JOBS A DAY!!! That is more than 12,000 per month and is a HUGE loss to local locksmiths around the state.
The best thing locksmiths can do, besides educating the public, is to encourage those who are on the frontlines of the battle such as LegalLocksmiths.com by supporting them and, of course, pray for their safety along with anyone else who stands up against the scamming call-center owners. The $25 a year fee is not too much to ask to support them while at the same time enhancing one’s own credentials. Locksmiths should, of course, get involved with their local and national associations.
Monday, August 24, 2009
Locksmiths break in and burglarize storage facilities and businesses
Alabama master locksmith, Stephen Chitwood, 50, admitted to police to burglarizing storage facilities in three states since October 2008 when he lost his job according to reporter Deborah Buckhalter with www.jcfloridan.com. Chitwood, who sold the items at a local flea market, said he’d take his dog with him to act as his lookout when he hit the storage facilities once or twice a week in Alabama, Georgia and Florida.
The Marianna (FL) Police Department cracked the case when they investigated the burglary of one of the storage facilities located next door to the Jackson County Sheriff’s Office. Since the facility was within the city limits, Marianna PD sent officers to Alabama and spoke with Chitwood who admitted his crimes. Lt. Francis Davis of Marianna PD said the man was cooperative.
Authorities in Houston County, Ala. where the locksmith lives are holding a semi-tractor trailer full of items he took from various places while police in several jurisdictions look for additional victims.
Chitwood was not working as a locksmith when he lost his job, but was in another line of work. According to personnel at the Alabama Electronic Security Board of Licensure which licenses locksmiths, Chitwood had never registered as a locksmith. Locksmith laws came into effect in Alabama in 2007. Whether he couldn’t afford the initial cost of getting a license (about $500 total) or just not been able to pass a criminal background check, it looks like he won’t be passing one in the future.
In a separate incident and for the second time, a locksmith van was seen leaving a Penngrove, Calif. business that had been burglarized. A cleaning woman who arrived as the van was leaving, called the Sonoma County Sheriff’s Office to report the ATM machine inside the Penngrove Pub had been broken in to.
According to Sheriff’s Investigator Sgt. Glenn Lawrence, a total of $1,200 was taken from the ATM, cash register and office. Lawrence said the case is an ongoing investigation and they are looking at the surveillance video to see if they can further identify the ski-masked burglar. Besides the mask and ski-vest, the video shows him to be a short, white male.
LeRae Meadows, who covered the story for EmpireReport.com, interviewed a former law enforcement official who believed the burglar was “an obvious professional” due to his ease with opening the exit door without leaving any evidence of a break-in and his ability to drill open the ATM.
Lawrence, however, said, “I wouldn’t say it was an obvious professional. What is obvious is that someone had some knowledge of that machine and how to defeat it.”
According to Meadows’ reports, the Penngrove business community has had 4 burglaries all on Main Street in the last few months. After another one of the burglaries, a Main Street business owner had also reported seeing a suspicious locksmith van in the area.
For more information or to read Meadows’ stories, go to:
Penngrove robbery fourth in town
http://empirereport.org/reports/20090804-penngrove-pub-robbery-fourth-in-town
Penngrove community fears further robberies
http://empirereport.org/reports/20090805-penngrove-community-fears-further-robberies-as-further-details-come-out
For more information or to read Buckhalter’s story, go to:
http://www2.jcfloridan.com/jcf/news/local/article/locksmith_turned_burglar_charged/86420
The Marianna (FL) Police Department cracked the case when they investigated the burglary of one of the storage facilities located next door to the Jackson County Sheriff’s Office. Since the facility was within the city limits, Marianna PD sent officers to Alabama and spoke with Chitwood who admitted his crimes. Lt. Francis Davis of Marianna PD said the man was cooperative.
Authorities in Houston County, Ala. where the locksmith lives are holding a semi-tractor trailer full of items he took from various places while police in several jurisdictions look for additional victims.
Chitwood was not working as a locksmith when he lost his job, but was in another line of work. According to personnel at the Alabama Electronic Security Board of Licensure which licenses locksmiths, Chitwood had never registered as a locksmith. Locksmith laws came into effect in Alabama in 2007. Whether he couldn’t afford the initial cost of getting a license (about $500 total) or just not been able to pass a criminal background check, it looks like he won’t be passing one in the future.
In a separate incident and for the second time, a locksmith van was seen leaving a Penngrove, Calif. business that had been burglarized. A cleaning woman who arrived as the van was leaving, called the Sonoma County Sheriff’s Office to report the ATM machine inside the Penngrove Pub had been broken in to.
According to Sheriff’s Investigator Sgt. Glenn Lawrence, a total of $1,200 was taken from the ATM, cash register and office. Lawrence said the case is an ongoing investigation and they are looking at the surveillance video to see if they can further identify the ski-masked burglar. Besides the mask and ski-vest, the video shows him to be a short, white male.
LeRae Meadows, who covered the story for EmpireReport.com, interviewed a former law enforcement official who believed the burglar was “an obvious professional” due to his ease with opening the exit door without leaving any evidence of a break-in and his ability to drill open the ATM.
Lawrence, however, said, “I wouldn’t say it was an obvious professional. What is obvious is that someone had some knowledge of that machine and how to defeat it.”
According to Meadows’ reports, the Penngrove business community has had 4 burglaries all on Main Street in the last few months. After another one of the burglaries, a Main Street business owner had also reported seeing a suspicious locksmith van in the area.
For more information or to read Meadows’ stories, go to:
Penngrove robbery fourth in town
http://empirereport.org/reports/20090804-penngrove-pub-robbery-fourth-in-town
Penngrove community fears further robberies
http://empirereport.org/reports/20090805-penngrove-community-fears-further-robberies-as-further-details-come-out
For more information or to read Buckhalter’s story, go to:
http://www2.jcfloridan.com/jcf/news/local/article/locksmith_turned_burglar_charged/86420
Sunday, April 5, 2009
Florida legislators should tone down pending locksmith laws
Right now two locksmith licensing bills are working their way through the Florida legislative process – SB 1844 in the Senate and HB 107 in the House of Representatives.
The Senate bill is 30 pages long and the House bill is 31 pages long.
While I believe some regulation of this industry is necessary, parts of the bills seem to be drawn with a wide brush. For example:
Locksmiths can be denied a license or have a license suspended or revoked due to:
a) failure to satisfy a civil fine, administrative fine or other penalty arising out of any administrative or enforcement action brought by any government agency.
(Sound like it includes everything from parking tickets to the IRS!)
b) received any civil, criminal, or administrative adjudication in any jurisdiction
(Better not get a speeding ticket.)
c) having pending against them any criminal, administrative or enforcement proceedings in any jurisdiction.
(Let’s hope your grass doesn’t grow too high while you’re on vacation because if one of your neighbors calls code enforcement, you could lose your livelihood.)
I guess I just don’t like that word “any” since it is applied in such an all-encompassing way. It can obviously apply to a lot of infractions not related to locksmithing. Is it any wonder locksmiths and locksmith associations are against the law as it is written?
In comparison, what I do like is the way the Miami-Dade County’s 15-page Locksmith Ordinance is written. It was enacted in 1995. Miami-Dade County does use the word “any”, but limits it to crimes related to locksmithing or felonies involving moral turpitude or serious violent crimes. Here is that portion of their code:
Sec. 8A-362.
(3) Absence of any plea of nolo contendere, plea of guilt, finding of guilt or conviction within the past five (5) years, in any jurisdiction, of a felony, misdemeanor, or ordinance violation for robbery, burglary, larceny, theft, possession of stolen goods, possession of stolen car, breaking and entering, or any other crime related to locksmithing, whether or not adjudication has been withheld. Effective October 1, 2000, any plea of nolo contendere, plea of guilt, finding of guilt or withhold of adjudication shall only be considered if the applicant files an application for the first time or has not filed timely and successive renewal applications.
(4) Absence of any plea of nolo contendere, plea of guilt, finding of guilt, or conviction, in any jurisdiction, whether or not adjudication has been withheld, of any felony involving moral turpitude relating to sex, the use of a deadly weapon, homicide, violence against a law enforcement officer, or is a habitual felony offender.
No industry likes to be regulated, especially in this case when it is those outside the industry (non-locksmiths, con artists) who have created the serious issue by posing as locksmiths.
Legislators should not pull a page from the crisis management playbook of President Obama’s Chief of Staff Rahm Emanuel, who said, “You never want a serious crisis to go to waste. This crisis provides the opportunity for us to do things that you could not do before.”
To over-burden genuine hard-working blue-collar locksmiths with all-encompassing regulations is just short-sighted. When locksmiths decide to change occupations due to over-regulation, a shortage of locksmiths will occur causing increased service fees and product prices to consumers.
Editor’s note: Future blogs will reveal what else in the pending bills are making locksmiths uneasy.
The Senate bill is 30 pages long and the House bill is 31 pages long.
While I believe some regulation of this industry is necessary, parts of the bills seem to be drawn with a wide brush. For example:
Locksmiths can be denied a license or have a license suspended or revoked due to:
a) failure to satisfy a civil fine, administrative fine or other penalty arising out of any administrative or enforcement action brought by any government agency.
(Sound like it includes everything from parking tickets to the IRS!)
b) received any civil, criminal, or administrative adjudication in any jurisdiction
(Better not get a speeding ticket.)
c) having pending against them any criminal, administrative or enforcement proceedings in any jurisdiction.
(Let’s hope your grass doesn’t grow too high while you’re on vacation because if one of your neighbors calls code enforcement, you could lose your livelihood.)
I guess I just don’t like that word “any” since it is applied in such an all-encompassing way. It can obviously apply to a lot of infractions not related to locksmithing. Is it any wonder locksmiths and locksmith associations are against the law as it is written?
In comparison, what I do like is the way the Miami-Dade County’s 15-page Locksmith Ordinance is written. It was enacted in 1995. Miami-Dade County does use the word “any”, but limits it to crimes related to locksmithing or felonies involving moral turpitude or serious violent crimes. Here is that portion of their code:
Sec. 8A-362.
(3) Absence of any plea of nolo contendere, plea of guilt, finding of guilt or conviction within the past five (5) years, in any jurisdiction, of a felony, misdemeanor, or ordinance violation for robbery, burglary, larceny, theft, possession of stolen goods, possession of stolen car, breaking and entering, or any other crime related to locksmithing, whether or not adjudication has been withheld. Effective October 1, 2000, any plea of nolo contendere, plea of guilt, finding of guilt or withhold of adjudication shall only be considered if the applicant files an application for the first time or has not filed timely and successive renewal applications.
(4) Absence of any plea of nolo contendere, plea of guilt, finding of guilt, or conviction, in any jurisdiction, whether or not adjudication has been withheld, of any felony involving moral turpitude relating to sex, the use of a deadly weapon, homicide, violence against a law enforcement officer, or is a habitual felony offender.
No industry likes to be regulated, especially in this case when it is those outside the industry (non-locksmiths, con artists) who have created the serious issue by posing as locksmiths.
Legislators should not pull a page from the crisis management playbook of President Obama’s Chief of Staff Rahm Emanuel, who said, “You never want a serious crisis to go to waste. This crisis provides the opportunity for us to do things that you could not do before.”
To over-burden genuine hard-working blue-collar locksmiths with all-encompassing regulations is just short-sighted. When locksmiths decide to change occupations due to over-regulation, a shortage of locksmiths will occur causing increased service fees and product prices to consumers.
Editor’s note: Future blogs will reveal what else in the pending bills are making locksmiths uneasy.
Sunday, March 29, 2009
Call a locksmith, get a con artist!
Okay, so you need a local locksmith. Quick!
Using your phone directory or a city internet search, what’s the chances of you unintentionally calling a scam artist, an out-of-state company posing as a local locksmith or a pedophile in business for him-or-herself rather than finding a registered locksmith?
Don’t know? Well, let’s try my city – Altamonte Springs, FL – a city of approximately 40,000 people.
Monica McConaghy, the Business Tax Administrator of Altamonte Springs, printed off a list of just 4 registered locksmiths – that’s F-O-U-R. She said occupational licenses are now called business tax registrations. Of the four locksmiths, one has a storefront and the other three are mobile - one of which is our company, Martin Security Group, Inc. AKA www.a-florida-locksmith.com
Three different LOCAL phone books, however, say something else. According to them, there are 57 individually-named locksmiths in Altamonte. You have to search among 1791 listings to find them all. (Yes, I did count every single one of them.)
As far as internet search results for Altamonte locksmiths go – well, I quit counting at 377 (out of thousands). With all the map spam, blog spam and fake ads (with none-existence addresses) by out-of-state companies posing as locals as well as Florida locksmiths using multiple names, it was time-consuming trying to find those four Altamonte locksmiths in a city search. The search term I used was - Locksmith Altamonte Springs, Fl.
The fact that I knew exactly who I was looking for should have made it easy, but I only found two. Our family's website (www.a-florida-locksmith.com) and free classified ads were listed on the first two Google search pages as was a link for one other registered-in-Altamonte-locksmith, Liberty Locksmiths.
But Google’s first 2 pages also included listings or ads for 47 other locksmiths all claiming to be Altamonte locksmiths. No wonder people are confused.
Many of the listings/ads are either directories or bogus call-center listings with local or 800 numbers. Clicking on the directories gets you nowhere since, again, mostly what is listed are all the bogus call-center listings.
All four Altamonte businesses are registered with the state and when they registered with the City of Altamonte Springs, they were automatically registered with Seminole County. Locksmiths who take the time to legally register are usually people who have invested time in training as well as money in equipment, supplies and vehicles. They work hard to provide good service and want repeat business. They are not going to scam you.
Legitimate locksmiths, whether they have a storefront or are just mobile, generally work within a 50-mile radius of their base. This usually encompasses 2 or more counties and listing every city or community they work in on their website is normal and expected. However, if you see a website that lists every city in the state, you should be suspicious.
So what are your chances of getting scammed or someone disreputable having the keys to your home, business or vehicle? Pretty high, I believe.
Using your phone directory or a city internet search, what’s the chances of you unintentionally calling a scam artist, an out-of-state company posing as a local locksmith or a pedophile in business for him-or-herself rather than finding a registered locksmith?
Don’t know? Well, let’s try my city – Altamonte Springs, FL – a city of approximately 40,000 people.
Monica McConaghy, the Business Tax Administrator of Altamonte Springs, printed off a list of just 4 registered locksmiths – that’s F-O-U-R. She said occupational licenses are now called business tax registrations. Of the four locksmiths, one has a storefront and the other three are mobile - one of which is our company, Martin Security Group, Inc. AKA www.a-florida-locksmith.com
Three different LOCAL phone books, however, say something else. According to them, there are 57 individually-named locksmiths in Altamonte. You have to search among 1791 listings to find them all. (Yes, I did count every single one of them.)
As far as internet search results for Altamonte locksmiths go – well, I quit counting at 377 (out of thousands). With all the map spam, blog spam and fake ads (with none-existence addresses) by out-of-state companies posing as locals as well as Florida locksmiths using multiple names, it was time-consuming trying to find those four Altamonte locksmiths in a city search. The search term I used was - Locksmith Altamonte Springs, Fl.
The fact that I knew exactly who I was looking for should have made it easy, but I only found two. Our family's website (www.a-florida-locksmith.com) and free classified ads were listed on the first two Google search pages as was a link for one other registered-in-Altamonte-locksmith, Liberty Locksmiths.
But Google’s first 2 pages also included listings or ads for 47 other locksmiths all claiming to be Altamonte locksmiths. No wonder people are confused.
Many of the listings/ads are either directories or bogus call-center listings with local or 800 numbers. Clicking on the directories gets you nowhere since, again, mostly what is listed are all the bogus call-center listings.
All four Altamonte businesses are registered with the state and when they registered with the City of Altamonte Springs, they were automatically registered with Seminole County. Locksmiths who take the time to legally register are usually people who have invested time in training as well as money in equipment, supplies and vehicles. They work hard to provide good service and want repeat business. They are not going to scam you.
Legitimate locksmiths, whether they have a storefront or are just mobile, generally work within a 50-mile radius of their base. This usually encompasses 2 or more counties and listing every city or community they work in on their website is normal and expected. However, if you see a website that lists every city in the state, you should be suspicious.
So what are your chances of getting scammed or someone disreputable having the keys to your home, business or vehicle? Pretty high, I believe.
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