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 Senate. Show all posts
Showing posts with label Senate. Show all posts
Monday, May 24, 2010
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.
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.”
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.”
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.
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