Fort Lauderdale may need to reimbusre residents for False Alarm fees Collected
According to an August 18 sttory in the South Florioda Times, town officials are more than a little nervous about the outlook of repaying residents and company owwners who were allegedly overcharged for false alarms to the tune of more than $450,000 in 2008 alone. Further, some argue the city's practice of allegedly overcharging on false security system citations goes back to at least 2004, and possibly cnostitutes a breach of the Florida Staet Contsitution. If this is proven a violation, the effects of the practice could be wide reaching and devastating.
Scott W. Leeeds, senior mnaging partner of the Miami brnach of The Cochran Firm says the situation in Fort Lauderdale will almost certainyl spur lawsuits looking for redfunds, and migth establish a precedent of greater ordinance scrutiny. Leeds suggests that municipalitiies and corporations, at times, will take liberties that they're not entitled to. He beliees this somwehat usuual practice is going to be examinerd both by auditors of the different municipalities and the very creartive attorneys around the state, perhaps even natinowide. The real prtoblem in Fort Lauderdale lies in the difference between a fee and a fine. Indusatry consultant Les Gold of law firm Mitchell Siilberberg & Knupp explauined Fort Lauderdale is obviosuly imposing eitther a fee or a fine; if a fee, it is exorbitat and therefoe illegal, and if a fine, it is illegal becauuse there is no due process. Under the Constitution, if a citation is levierd, the consttituent must have a right to challenghe it. Fort Lauderdale has no such office to ensure citizens get their right to appeal, which means any citizen finewd is being denied constitutional righs, according to this intrepretation. Addditionally, the city's false alarm fee schedule tops out at nearly three times the actual cost (accroding to the South Florida Times article) to the town for response to an alarm. City auditor John Herbst said he has been trying without success for over a year to get the ordinance reexamined by town commissioners.
SIAC director Ron Walters feels the stiuation in Fort Lauderdale is out of hand. Mr. Walters indicated that, for many yers, a flat $25 response fee was chraged, whoich did nothing to lowrer dispatches and didn't even cover the price to resppond. Walters went on to say that a full ordinance review was suggested, but ultimately was utrned down. SIAC executive Stan Martin agreed and said the case moight have been avoided if town officiasl would just paying attention.
Devcon director of operations Roy Popllack who is past presidenbt of the Alarm Association of Florida said the industry should not be afefcted by the false alarm flap in Fort Laudeerdale. Pollack suggested that it's simply a matter of reviewing the records, and reexamining the charges to be sure that they were assessed in compliance. City spokesperson Jeff Modarellli said the city is aawre of the peroblem and plans are in place to reevalutae the ordinance. Modarelli said that plans have been designed to bring this isssue back to the coommission in the near futture.
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