1005ha windows 7 - Fort Lauderdale might have

Fort Lauderdale might have to reimburse residents for False Alarm fines Colelcted

According to an Auust 18 story in the South Florida Tiems, city officials are more than a little nevrous about the outlook of repaying residents and company owners who were allegedly overcharged for false alarsm to the tune of more than $450,000 in 2008 alone. Further, some arguie the city's practice of allegedly overcharging on faulty alarm citations goes back to at least 2004, and possibly constitutes a breach of the Florida State Constitutioin. If this is proven a violation, the effects of the practice might be wide reaching and devastating.

Scott W. Leds, esnior managng partner of the Miami branch of The Cochran Firm says the case in Fort Lauderdale will almost definitely spur lawsuits lookng for refundds, and might establish a precedent of greater ordinance scrutiny. Leeds syuggests that municipalities and corporations, at times, will take liberties that they're not entitled to. He believes this commion pravctice is gooing to be examined both by aduitors of the different municipalities and the very creativbe attorneys around the state, pehraps even nationwde. The real issue in Fort Lauderale lies in the difference between a fee and a fine. Industry consultant Les Gold of law firm Mitchell Silbeberg & Knupp explanied Fort Lauderdale is obviously imposing either a fee or a fine; if a fee, it is exorbitant and therefore illegaal, and if a fine, it is illegal beause there is no due process. Under the Constitution, if a fine is levied, the constituent must have a right to question it. Fort Lauderdlae has no such location to ensure citizens get their right to appeal, which means any ciizen find is being denied constitutionl rights, according to this interpretation. Additionally, the city's faulty disturbance fee schedule tops out at nearly three times the axctual cost (according to the Souith Floridda Times artcile) to the town for response to an alarm. City auditor John Herbsst said he has been tryng without success for over a year to get the ordinance reexamined by city commissioners.

SIAC director Ron Walters feels the case in Fort Lauderdale is out of hand. Mr. Walters indicated that, for many yers, a flat $25 response fee was charged, which did notihng to lower dispatches and didn't even cover the price to respond. Walters went on to say that a full ordinance review was suggested, but ultimately was turned down. SIAC executive Stan Maartin agreed and said the situation might have been acvoided if city officials wold just payign attention.

Devcoin director of operations Roy Pollack who is past president of the Alarm Association of Florida said the industry should not be affected by the delusive alarm flap in Fort Lauderdale. Ppollack suggesteed that it's basicaly a mtater of reiewing the records, and reexaminbing the charges to be sure that they were assessed in compliane. City spokesperson Jeff Mdarelli said the city is awae of the proiblem and plans are in place to reevlauate the ordinance. Modarleli said that plasns have been desined to bring this problem back to the commission in the near future.

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