Re: Installers in Kentucky beware of HB-41

[Frank Olson <use_the_email_links@xxxxxxxxxxxxxxxxxxxxxx>]

Robert L Bass wrote:
>
> "Bob Worthy" <securinc@xxxxxxxxxxxxx> wrote in message
> news:DjOEj.7715$Q52.4840@xxxxxxxxxxxxxxxxxxxxxxxxx
>>
>> Yes I do.....and.....your online store was never the target of the DBPR
>> investigation on you....and....you know this.
>
> The target was me personally.  The shooter was your disgusting pal.
> They gave their best shot at stopping me from selling online in Florida
> and they lost. Get over it, moron.
>
>> You really should comment on Florida State Statute. You continually
>> want to
>> ignore all other parts of the Statute except what you only want to use to
>> your advantage. I will do your homework for you. I said before I
>> wouldn't do
>> that, but I am feeling generous this morning.
>
> The only part of the licensing law that matters to me is the part that
> says I don't need a license in Florida because my business is not
> subject to state licensing.
>
>> Chapter 489 Part II State Statute (revised 6/2007)
>>
>> 489.505(27) "Monitoring" means to receive electrical or electronic
>> signals
>> originating from any structure within the state or outside the state...
>
> According to the statute:
>
> "A person shall not have committed the act of monitoring if:
> (d)  The person is not employed in a proprietary monitoring facility, as
> defined by the National Fire Protection Association pursuant to rule
> adopted under chapter 633."
>
> There's another thing you invariably fail to mention.  During the time
> when I offered monitoring services I never offered it to or from
> structures within Florida.  The central station my DIY clients used in
> those years was in Massachussetts and my clients were all located
> outside the state of Florida. The DBPR agent noted this in his
> discussion with me.  He looked at the facts and determined that there
> was nothing illegal going on.  He recommended dismissing the matter and
> the AG agreed.  Your crooked pal has lied consistently about this,
> claiming there was a big disagreement but we all know that's not true.
> Your guy tried to hurt my business and failed.  In the process he made a
> fool of himself by posting a lot of foul, personal insults online where
> hs superiors could read them.

You're missing the boat (as usual) when you're trying to twist a meaning
closer to your ends out of the section of statute you quoted.  This has
to do with the monitoring of customer owned equipment in a customer
owned monitoring centre.  It allows companies like "Target", and "Home
Depot" (and some Banks) to run a central monitoring facility that
receives signals from their own stores/premises.  There is NO EXEMPTION
for a monitoring facility that accepts payment for services related to
receiving communications from YOUR customers or the public.  In this
instance, the individual employees (and the company) are subject to the
licensing requirements set out in the statute.  They are exempted from
providing criminal background checks and that is all.  It is assumed
that such checks are being dealt with by the employer in their home state.


>
>> 489.518(2)(b) Persons who perform only monitoring at an out of state
>> location are not required to comply with back ground check requirements.
>>
>> Sounds like the out of state monitoring center needs to be licensed in
>> Florida to me. You, however, probably have your own spin to it.
>
> You ignore the fact that no Florida premises were monitored.  You
> already know this because we had the same discussion several years ago.
> Posting the same statement now is tantamount to lying.
>

Yes, you've repeated "ad nauseum" your claim that you never monitored
Florida residents.  What you did do for a number of years is *SELL*
monitoring services and collect revenue *IN* Florida (an action that is
defined in the Statute as requiring an Agent's License).  You stopped
this activity when they initiated an investigation of your web site.
ISTR you also "made yourself scarce" for the days the investigator was
"in your neighborhood".