Florida Department of Agriculture & Consumer Services


 

Please join me in a 'Tip of the Hat' to Scott N. He recently advised me that he went to the Pinellas County Sheriff's Office for CWP fingerprints. He was advised that the Florida Department of Agriculture & Consumer Services has made a processing change that will save new applicants about 50 days in processing of their CWPs. I reviewed the state's website based on Scott's tip and spent about two hours on the phone this morning trying to receive an assist with the Electronic Filing program. I finally determined that if you are a Florida resident and go to a sheriff's office that does electronic fingerprinting, your application fee will be reduced from $117.00 to $75.00 if you pay the sheriff's office the $42.00 state fingerprint processing fee. You are then required to include a photocopy of the fingerprint scan and a photocopy of the receipt showing that you paid $42.00 for the fingerprint submission to the sheriff's office. It is not detailed in the website but you must still pay the $42.00 FDLE fingerprint fee! Failure to include the required photocopies will delay the processing. If the sheriff does not collect the $42.00 fingerprint fee, you may use their secure Internet payment system, CAPS, (https://www3.fdle.state.fl.us/CAPS/) to pay that $42.00 fee. Of course, you may also use the regular fingerprinting service and include the $42.00 for a total $117.00. Non-Florida residents are not eligible to use the electronic fingerprint system. The direct link to the Electronic Fingerprint Assistance site is http://licgweb.doacs.state.fl.us/CWCS/ElecFingerprintInfo.htm. I also checked the list of participating sheriff's offices and found that the following local sheriff's departments do participate:
       1. Hillsborough County   411 N. Franklin Street, Tampa                 813-276-3273 - Main Number
       2. Manatee County        515 11th Street West, Bradenton             941-747-3011 - Main Number
       3. Pinellas County         4801 145th Avenue North, Clearwater       727-582-6200 - Main Number
Please note that Pasco & Sarasota Counties do not participate. I do have info sheets available at Knight's if you prefer. These sheets will be available in my photo folder filed under letter Z.


 

Scam Alert - "Bank ATMs Converted to Steal IDs of Bank Customers"  Univ of Texas at Austin Email 3/30/04


 

According to the University of Texas PD, high tech scam artists are able to use a "skimmer" or electronic reading device to capture the ATM card number and a pinhole camera to capture your PIN. That info is then transmitted to a scumbag sitting in a nearby car. Next step -- bye bye money! The "skimmer" is installed on the front of an existing bank card slot and the camera is hidden in a leaflet holder positioned to read your PIN number. Best advice -- don't use ATMs if at all possible. Definitely do not use any ATM that apparently has some type of leaflet or card holder adjacent to the card slot. Personally, Jane and I just do not use ATMs at all! Simply too vulnerable during evening hours as well as isolated locations to attack.


 

Folks -- here a few questions I presented on behalf of my clients to Jon Gutmacher, author of that superb reference book, 'Florida Firearms - Law, Use & Ownership':
       Q #1 -- A Knight's customer who has a CWP was driving in Largo about three years ago and was stopped for speeding. He presented his driver's license and CWP. When queried, he advised the officers that he did not have a firearm in the car. They went round & round insisting that he did have a firearm and was lying. The cops allegedly dragged him out of the car, threw him to the ground, handcuffed him and then conducted an apparently illegal search for the nonexistent gun with the only PC that the man did have a CWP. He complained to Largo PD and was advised that if you have a CWP and present same, the police have the unmitigated right to search for a firearm. Is this correct? Seems to me there are a major number of issues with their behavior and explanation.
       A #1 -- Totally illegal. However,  if he had the gun, they would have the right to temporarily take it into custody during the traffic stop. Once the traffic stop was over, they would have to give it back. Obviously, this guy never read my book -- why did he give them the CWP? That was not real smart. (The driver had not read Jon's book. I recommended that he immediately buy the book! Please remember that if you have a CWP, that info will not be linked to your driver's license. As a street cop, I recommend that you so advise if you have a gun in the car. If you do not have a gun in the car and tell the officer that you have a CWP, YOU are not very smart!)

       Q #2 - If you have a CWP, can you bring a concealed firearm into a Seminole casino? A student asked that question and I could not locate in your fine, nay, superlative book. It seems to me this would be a posting issue for the tribe and, if caught, could only ask you to either leave or put the firearm back in the car. Tribal law has always been unclear.
       A #2 - Don't know. Never came up in 32 years of law, so I don't have an answer. You'll have to wait until I decide to revise the book, as the question will take a minimum of three hours to research. (I think I would err on the side of caution my friends. When in doubt, don't whip it out! As Jon is very fond of saying, you do not want to be the precedent! I recommend that you leave the firearm locked in the car until Jon advises otherwise)

       Q #3 - I have a client who owns a dump truck used only for intrastate business. He has applied for a CWP and wants to know if OK for him to carry as he conducts his business. Unfortunately, he parks his truck in an area located in South St. Pete. May he carry concealed as he drives his dump truck?
       A #3 - Hey! Read the book! Haven't I made this crystal???  As long as you're in Florida you can transport securely encased, or if you have the permit, concealed on your person. This is just a crystal clear issue until you get on school grounds. (Sorry but he asked! I always worry about intrastate as well as interstate truckers. Their rules are a little arcane for this old grunt! By the way, the 5th Edition is a thing of pure beauty!)



 

More Attorney Input - Identity Theft


 

Another 'Tip of the Hat' to Melinda T. and April F. They sent this to me via email. An unknown corporate attorney sent the following out to the employees in his company.                                                                
       1. The next time you order checks have only your initials instead of first and last name put on them. If someone takes your checkbook, they will not know if you sign your checks with just your initials or your first name, but your bank will know how you sign your checks.
       2. When you are writing checks to pay on your credit card accounts, DO NOT put the complete account number on the "For" line. Instead, just put the last four numbers. The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check processing channels won't have access to it.
       3. Put your work phone # on your checks instead of your home phone. If you have a PO Box use that instead of your home address. If you do not have a PO Box, use your work address. Never have your SS# printed on your checks. DUH!) You can add it if it is necessary. But if you have it printed, anyone can get it.
       4. Place the contents of your wallet on a photocopy machine. Do both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel. Keep the photocopy in a safe place. I also carry a photocopy of my passport when I travel either here or abroad. We've all heard horror stories about fraud that's committed on us in stealing a name, address, Social security number, credit cards, etc. Unfortunately, I, an attorney, have firsthand knowledge because my wallet was stolen last month. Within a week, the
thieve(s) ordered an expensive monthly cell phone package, applied for a VISA credit card, had a credit line approved to buy a Gateway computer, received a PIN number from DMV to change my driving record information online, and more.
But here's some critical information to limit the damage in case this happens to you or someone you know:
       A. We have been told we should cancel our credit cards immediately. But the key is having the toll free numbers and your card numbers handy so you know whom to call. Keep those where you can find them.
       B. File a police report immediately in the jurisdiction where your credit cards, etc., were stolen. This proves to credit providers you were diligent. This is a first step toward an investigation (if there ever is one).
       C. But here's what is perhaps most important of all (I never even thought to do this): Call the three national credit reporting organizations immediately to place a fraud alert on your name and Social Security number. I had never heard of doing that until advised by a bank that called to tell me an application for credit was made over the Internet in my name.
The alert means any company that checks your credit knows your information was stolen, and they have to contact you by phone to authorize new credit. By the time I was advised to do this, almost two weeks after the theft, all the damage had been done. There are records of all the credit checks initiated by the thieves' purchases, none of which I knew about before placing the alert. Since then, no additional damage has been done, and the thieves threw my wallet away. This weekend someone turned it in. It seems to have stopped them dead in their tracks. Now, here are the  numbers you always need to contact about your wallet, etc. has been stolen:
  1.)  Equifax: 1-800-525-6285
  2.)  Experian (formerly TRW): 1-888-397-3742
  3.)  Trans Union: 1-800-680-7289
  4.)  Social Security Administration (fraud line): 1-800-269-0271

Folks, this is largely a repeat of previous information in my Stay Safe Street Tips. Please note that this form of theft is increasing rather than decreasing and poses major threats to your economic well being and mental health. Five or ten years of dealing with an identity theft problem will wear you out! One of our key tools in Jane and Norm's efforts to preclude ID Theft is a cross cut shredder -- a pretty cheap investment that can eliminate years of misery!




 

An 82-year-old woman returned to her North Central Avenue home about 12:30PM, May 11. There was a man, described as a black male between 30 and 35 years old, about 6 feet tall and 170 pounds sitting in an older purple car parked in her
driveway. As she walked toward her house, he engaged her in small talk inquiring about nonexistent items for sale in the area. She continued walking toward her apartment with a concern for her safety. The scumbag followed the elderly victim and asked for something to eat or drink. She then apparently opened the door to her apartment. He forced her inside and  raped her. This hero then fled the scene. I think a special place in the bowels of Florida State Prison should be reserved for this SBOTM (scumbag of the month) that victimizes the helpless. In a perfect world, the victim would have avoided going home, went to a neighbors, called the police, started screaming Fire, Fire, Fire or he has my children!  I am assuming that her ability to flee was minimal so her best bet would probably have been a lot of noise! There is a tendency not to want to either attract attention or be rude or both that sabotages the survival instinct. Dadgum it Folks, there are times you have to be rude, loud, noisy, obnoxious and socially unacceptable. Don't forget my cockroach theory of criminality! Tampa PD has asked that anyone with information call either 813-231-6130 or Crime Stoppers at 1-800-873-8477.



 

MWG  The St. Petersburg Times  "Accident with handgun injures two"  May 16, 2004


 

Well, it is Morons With Guns time again! Two Homosassa men were handling a two-shot derringer at about 11:15AM on May 15. The 56-year-old had taken the derringer to the 49-year-old's home so that he could sell the gun to the younger man. The gun owner decides to show the younger man how the gun was loaded. Unfortunately, the moron also showed him how to shoot it! As a matter of fact, he showed him so well that he shot them both! The round went through his left little finger and then hit the younger man in the neck. The finger injury was treated at the scene but the other man had to be flown to Tampa General. I feel reasonably safe in stating that the 49-year-old will not buy that gun if any gun. Who wants a used gun particularly if it has been used on you? Please remember -- it only takes an instant to create pain that lasts an eternity! Be Safe!