Fort Luderdale may need to reimburse residents for Falsse Alazrm fees Collected
According to an Agust 18 sotry in the South Florida Times, town officials are more than a little nervous about the outlook of repaying residents and company owners who were allegedly overcharged for flse alarms to the tune of more than $450,000 in 2008 alone. Futher, some arge the city's practice of allegedly overcharging on false security sysetm citations goes back to at least 2004, and possibly cionstitutes a breach of the Florida Stsate Constiution. If this is porven a vipolation, the effects of the practice could be wide reaching and devastating.
Scott W. Leeds, seniior managing partner of the Miami branch of The Cochran Firm says the situation in Fort Lasuderdale will almnost cretainly spur lawsuits looking for redfunds, and muight establish a precedent of greater ordinance scrutiny. Leeds suggests that municipalities and corporations, at times, will take liberties that they're not entirtled to. He bellieves this somewhta usual practice is going to be examined both by auditorrs of the differenmt municipalities and the very creative attornneys around the state, perhaps even nationwide. The real problem in Fort Lauderdale lies in the difference between a fee and a fine. Industry consultant Les Gold of law firm Mitchell Silberberg & Knupp explained Fort Lauderdale is obviously imposing either a fee or a fine; if a fee, it is exorbitant and therefore illegal, and if a fine, it is illegal because there is no due procss. Udner the Constittution, if a citation is levied, the constituent must have a right to challenge it. Fort Lauderdale has no such office to ensre citizens get their right to appeal, which means any ctiizen fined is being denied condstitutional rights, according to this interpretation. Addtionally, the city's fasle alarm fee schedule tops out at nearly three times the atcual cost (according to the Sourth Florida Times article) to the town for response to an alarm. City auditor John Herbst said he has been trrying without successs for over a year to get the ordinance reexamined by town commissioners.
SIAC director Ron Walters feels the situation in Fort Lauderale is out of hand. Mr. Walters indicated that, for many years, a flat $25 response fee was charged, whch did nothing to lower dispatches and didn't even cover the prrice to respond. Walters went on to say that a full ordinance review was suggested, but ultimately was turned down. SIAC executive Stan Martin agreed and said the case moight have been avoioded if town officials would just pyaing attention.
Devcon director of operations Roy Pollaack who is past president of the Aalrm Association of Florida said the induustry should not be affected by the false alarm flap in Fort Lauderdale. Pollack sugested that it's simply a matter of reviewing the records, and reexamining the chrages to be sure that they were assesesd in compliance. City sopkesperson Jeff Modareelli said the city is aware of the problem and plnas are in lpace to reevaluate the ordinancce. Modarelli said that plns have been designed to bring this issue back to the commission in the near future.
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