The

FORUM FLORIDA ASSOCIATION OF LICENSED INVESTIGATORS Volume IX, Issue 1 May 2002 INSIDE FALI Seminar 2,16 Announcements 2 President’s Message Notes from the Board 3 By Burt Hodge FALI Position Statement 4 After discussing the upcoming meeting in position on continuing education and train- Articles of Interest 6,12 Orlando next month to deal with training ing. This is an area where FALI should be a and testing for investigators, I felt that it was Legal News 8 leader in the profession. The State wants to necessary for FALI to have an official posi- know what the industry wants. FALI should FCI News 10 tion on the matter. In light of that, I asked be that voice. There are a myriad of oppor- Benefits 12,14 Ben Poitevent to draft a position paper out- tunities for us in this arena. We already Website Spotlight 14 lining FALI's stand on the issue. You’ll find it have much of the infrastructure in place to elsewhere in this issue. Ben has drawn on provide the training, the faculty, and the FALIC Conference 14 his history with the department along with network to do new PI training and to ulti- Legislative Corner 16 discussions with several of y’all. I have read mately provide continuing education. Feel Board of Directors 16 this and find it to be a strong, defendable free to comment and to pass this among FALI REGIONAL MEETINGS position for the association. It covers the investigators you know for comment. topic as stated and goes on to express our Jacksonville David Hodges, 904-237-5917

Tallahassee To Be Announced Panama City 1st Friday, Lunch Editor’s Notebook St. Andrew’s Seafood House 3001 W. 10th St, Panama City By Gary McDaniel Rolan Peak, 850-234-6252

Sebring Areas Open—Apply to the President The FALI Board of Directors is in need of again each licensed investigator benefited. area stewards to assist Directors in the FALI continues to work for you through Port Orange Philip Kincaid, 386-304-6033 planning and execution of monthly meet- your financial support. Thanks go to Bar- Orlando Last Tuesday, 5:45 pm Denny’s Restaurant ings and special events. In some areas, our bara Petersen and Charles Barner for a 440 S. Semoran Blvd, Orlando Directors are resigning and in others the team effort and also to those that for- Shelley Moody, 407-649-2085 position is vacant. Please inquire through warded their insight. Clearwater 3rd Tuesday, 6 pm Buddy Freddy’s Country Buffet this office or with President Burt Hodge. 21820 US Highway 19 North You can make a difference and will find the Quoting Barbara: John Reutter, 727-848-3423 experience professionally rewarding. We Tampa Open—Apply to the President also need your support to make the meet- Thanks to all of you (and there were Sarasota Lynette Revill, 941-929-9225 ings successful. These are the occasions many!) who responded to my plea for help- to match faces with names and to network. the information you sent was very helpful. Ft Myers Gary Sherman, 941-437-9600 See you at the scheduled meetings, bring a The Senate bill, SB 24E, sponsored by Miami 2nd Tuesday, 6 pm Tony Roma’s visitor and remember the welcome mat is Sen. Ginny Brown-Waite, was amended 9525 SW 88th St, Miami out for non-FALI members. by the S. Governmental Operations Com- Joe Wheeler, 305-246-8720 mittee to allow the subject of a military dis- Ft Lauderdale 4th Thursday, 6 pm Steak & Ale Rest. Recently our organization was contacted charge record filed with the clerk to (1) re- 4899 Sheridan St, Hollywood by Barbara Petersen, President of the quest that the record be removed from the Tom Davis, 954-791-5868 First Amendment Foundation based in Tal- Internet; and (2) have it removed from the Palm Beach 3rd Tuesday, 6:30 pm Piccadilly Cafeteria lahassee. Through the efforts of FALI (Continued on page 2) 2007 PB Lakes Blvd, WPB members and lobbyist Charles Barner, Mark Murnan, 561-845-1414 Barbara sought and received assistance on Refer to the FALI website the subject of military records. Legislation FALI’s World Wide Web Homepage: for current meeting infor- was pending which could adversely effect http://www.FALI.com mation: our industry. It was a team effort and we Come visit us, or call toll free http://www.FALI.com rose to the occasion. As a result, once 1-888-845-FALI. PAGE 2 FALI FORUM MAY 2002 Editor’s Notebook Announcements (Continued from page 1) Annual NALI Conference public record--in other words, it allows the veteran to say, "I gave you this record voluntarily and now I want it back." This The National Association of Licensed Investigators (NALI) approach does not create a public record exemption, and announces its annual conference, Legal Investigations in thereby avoids any constitutional scrutiny under Article I, sec- the Garden of Good and Evil, to be held June 20-22, 2002 tion 24. at the Savannah Marriott Riverfront in Savannah, Georgia. The conference is open to all professional investigators, A similar amendment to the House companion, HB 21E, was attorneys, paralegals, friends and spouses of professional approved by the H. State Administration Committee this morn- investigators, and anyone that has an interest in profes- ing. Although not as cleanly drafted, the effect of the amend- sional legal and private investigation. Speakers include ment was the same. Brandon Perron, CCDI; Rory J. McMahon, CLI, CCDI; Rickey Cook, MPA, FCI; James W. Harbert, CLI; Rus- What I was able to learn was that some--not all--of the infor- sell Stetler; Katherine (Kitty) Hailey, CLI; Kerry Farney, mation on a military discharge record is available through the CLI; Paul Paxton; Carlton Joyce, Esq.; Richard Mid- federal FOIA. The request must be made in writing using Stan- dleton, Jr., Esq.; Tom K. Crowley, FCI; Keith R. Steele, dard Form 180. CLI; Peggy Towhig, Esq.; Gerald J. McMahon, Esq.; Austin E. Catts, Esq. and Frank W. (Sonny) Seiler, Again, thanks to all of you who responded. Esq. Barbara Petersen President, First Amendment Foundation For more information about this gala event, visit the NALI website at www.NALIOnline.org, or call Rory McMahon at 800-211-5092. FALI Seminar The following letter was received from Michelle Morton, Confidential; For FALI Members Only Seminar Coordinator for the one-day seminar offered by FALI By David Hodges, PI, FCI in Tampa on June 22. See the back page of this issue for more details on the seminar. Mike Partain, the FALI Nextel representative, can give details and receive phone orders concerning the Nextel Dear FCIs, discount available to FALI members. The rate plan is con- fidential and should be treated that way by FALI members, The response for the Tampa seminar has been great!!! We are as it is below established, published rates. We receive a looking forward to seeing you all in Tampa. Several of you discount from the published rates as well as a 30% dis- wanted to know about a sleeping room rate at the hotel. The count on phone purchases and a 50% discount on acces- FALI corporate rate is $49.95—please indicate FALI Seminar sories, but only when the deal goes through Mike, who is when you make your reservations. a FALI member and fellow PI. The further incentives which go to FALI will be presented at the next BOD meeting for Travelodge Resort - 820 E. Busch Blvd., Tampa, FL 33612- additional confidentiality purposes. Contact Mike Partain 8005. at 407-847-9934 or 800-937-7948. Telephone number: 813-933-4011 Facsimile: 813-932-1784. Interns Thanks for your support to FALI. Let's have an excellent train- ing day in Tampa! Jim Ley of West Coast Investigations in St. Petersburg has started a list of interns in the Tampa Bay area who Sincerely, have attended FALI meetings looking for a sponsor. He Michelle M. Morton, FCI has acquired the necessary information in an effort to as- Seminar Coordinator sist the sponsor in making a match for their agency. Infor- 407-282-5934 mation includes the intern's contact info, their location, li- censing information, special skills, languages, etc. If you find yourself in need of an intern to assist you, please con- Correction tact Jim at 727-384-3600. He will be happy to provide you In the April 2002 issue, we failed to give proper credit to the with the names of individuals who meet your require- author of an article submitted, titled “Highlights of the New ments. Additionally, if you know of anyone seeking a California Law (AB 655).” The author, Mike Sankey, dba sponsor, have them call to be placed on the list. Please BRP Publications, has been an industry supporter for remember that these people are supporting your associa- years and is deserving of words of appreciation and our tion, so let's support them. apologies. Mike can be reached at msankey@brbpub. com. Look for more articles from Mike in future editions of the FALI Forum. www.FALI.com MAY 2002 FALI FORUM PAGE 3 Notes from the Board Area 6—Ben Poitevent lege in Sarasota. Speaker Janet Cantees, Sarasota County Chief Deputy for Clerk of the Circuit Court, dis- Area 6 met on Friday, May 10 at noon at Julie's Place on N. cussed public record law and retrieval information. Monroe Street in Tallahassee. Unfortunately, Senator Al Lawson had to cancel and will be rescheduled. As a result, Area 13—Tom Davis (reported by Bill Sulli- only six showed up for the meeting. Maybe I shouldn’t have van) advertised the speaker’s cancellation! Thanks to the loyal six who did show; they were treated to a “magnificent pres- At our last meeting, Ed Madge's presentation was a fasci- entation” by yours truly. nating look into the rapidly expanding industry of identity theft. It was a real eye opener, with lots of helpful tips on Please attend our monthly meetings; if you need directions, how to do "what you can" to avoid the EZ rip. Det. Sgt. call 850-224-4459 or email: [email protected]. Future Madge is retiring from BSO in "200 days," at which time he meetings will be held the second Friday of every other is planning to hit the seminar circuit. He already does out- month. side consulting (except in Broward County), and indicated that he is occasionally available to make similar presenta- Area 8—Gary Sherman tions at other FALI meetings in South Florida. Ed sure is a personable guy, and infinitely knowledgeable concerning Area 8 met on May 7 to hear Detective Bruce Ogden of financial crime. the Charlotte County Sheriff’s Office speak on “Cooperation between Law Enforcement and the Private Investigator.” The total count present was eighteen, including the excel- lent speaker, and was composed of mostly the "regular" The next scheduled meeting for Area 8 is June 4, 2002 at core group of Broward FALI members. We had three up 6:00 in Ft. Myers at Perkins Family Restaurant, 12300 S. from Miami-Dade (Roger Gibson, Dave Edsall, and Dick Cleveland Ave (near Crystal Drive on the west side of US Howard), and one from Palm Beach (John Nardolilli). 41). Speaker Keith Steele, CLI will present “Running a One FLL City College student was present. Tom is plan- Successful P.I. Agency in the New Millennium.” The pres- ning a Broward meeting for June 27, then will be "off" for entation has been approved for 1 CEU credit for FCIs. summer break until the third Thursday in September.

Area 9—Shelley Moody

Area 9 members met Tuesday, April 30, to hear Justin Spence, President, Florida K-9 Intercept, Inc. on the topic, “The Use of K-9s in Investigations.” Mr. Spence brought one of his dogs for a live demonstration.

The next meeting is scheduled for Tuesday, May 28, at 5:45 at the Piccadilly Cafeteria, 1840 E. Colonial Dr, Or- lando. Harry Houck of Houck and Associates will speak on “Fraud Investigations.”

Area 10—Mark Murnan

On Tuesday, May 21, FALI members met at the Olive Gar- den in West Palm Beach and enjoyed a presentation by Celeste Parmalee, CPA, on “Running a PROFITABLE Business.” Celeste offered suggestions on selecting the proper business entity, managing your finances, and the importance of accounting software in making your business manageable. Twenty-three people came out, including new member Michael Mastrangelo, of Eyes of the World, Inc., an insurance services company. Michael brought a friend, James Gomez of Fastrack PI, who is working with his brother to build a business in Port St. Lucie. Welcome to both Michael and James, and we’re looking forward to an- other great time on June 18.

Area 11—Lynette Revill

Area 11 personnel met on Thursday, April 25, at Keiser Col- PAGE 4 FALI FORUM MAY 2002 FALI Position Statement FLORIDA ASSOCIATION OF LICENSED INVESTIGATORS assure interns are receiving a broad base of PI “OJT.”

Position Statement Regarding the Issue of Statutory Im- 7. The program has resulted in the licensure of persons who plementation of Training Requirements for Florida Li- are lacking in basic skills and are not capable of providing censure as a Private Investigator general PI services in a manner that rises to an acceptable standard of expertise. SUPPORT OF MINIMUM TRAINING STANDARDS 8. Accordingly, the association supports a revision of the 1. FALI fully supports legislative action that establishes, in current statutory language within Ch 493 that establishes the Ch 493, F.S., a minimum training requirement for initial li- Class “CC” Private Investigator Intern license and its support censure as a Private Investigator. mechanisms. Such a revision should address the issues stated above. FALI offers the time and expertise of its mem- 2. It is our combined recommendation that such training bers in assisting the Division of Licensing in drafting these should consist of not less than 40 hours of training in Private statutory revisions. Investigation curriculum, presented by approved instructors who possess qualifications to be established in the law. 9. FALI supports some minimum age and level of maturity as a prerequisite to “C” licensure. The association requests a 3. The curriculum should include, but not be limited to, the statutory change to require the minimum age of “C” licensure following: to 21. That change would not prescribe a minimum age for “CC” licensure, and allows an 18-year-old to commence his Professional Ethics or her initial training followed by an internship program. Investigative Techniques The Art of Interviewing CONTINUING EDUCATION Report Writing Surveillance Techniques 10. Licensed Private Investigators are, too often, engrossed Confidentiality of Investigative Records in the business of providing investigative services to clients, Use of the Internet and the Law to the detriment of their education. As laws change, as new Trial Preparation court decisions impact the profession, as technology ad- The Public Records Law vances and regulatory changes are announced, licensees Locating and Interpretation of Public Records who fail to keep up do so to the detriment of their clients and Constitutional Law and the Bill of Rights the profession. We believe it is appropriate for the law to de- Florida Criminal Law mand professional updating through mandatory annual CE Federal Criminal Law as a prerequisite of license renewal. We suggest a six-hour The Fair Credit Reporting Act program. The failure to do so is to condone mediocrity and Chapter 493, F.S. Regulation of the Profession the delivery of sub-standard, outmoded professional ser- Risk Management vices.

4. We believe that attendance at training is meaningless 11. Because CE is, by definition, a requirement placed on without examination to ascertain the comprehension and experienced investigators, it should consist only of those retention of the course materials. Accordingly, we support a subjects that evolve most rapidly. Such subjects may in- statutory requirement to pass an examination as a prerequi- clude: site to application for class CC licensure. • Legislative Changes Impacting the PI Profession 5. The association supports the recognition of highly skilled • Ch 493, The Law and Division of Licensing Legal Opin- and experienced investigators whose expertise exceeds ions most of the training requirements. Such persons should, • Case Law Impacting on the PI Profession upon proper and specific application, be licensed with mini- • Investigative Activity on the Internet, Assets and the Law mal state training requirements. Some subjects that are spe- cific to Florida should still be required. As an example, often MANAGEMENT TRAINING state regulatory standards are not known to most law en- forcement veterans. 12. FALI supports the implementation of statutorily imposed

training and experience standards for licensure or designa- REVISION OF THE INTERNSHIP PROGRAM tion as an agency manager. Experience as a “C” licensee is

often too limited in scope to prepare managers for the legal 6. It is our collective belief that the internship program path and professional demands of agency management. to licensure is not serving its original legislative intent. Sim- ply stated, two years of undefined training standards in un- 13. Therefore, the association supports a statutory require- specified subjects, administered by employers with widely varying investigative and teaching skills, is inadequate to (Continued on page 10) MAY 2002 FALI FORUM PAGE 5

Area 9 Director Shelley Moody reported a great turnout for the February 26th meeting held at the Piccadilly Cafeteria in Orlando. Phil Kincaid was the guest speaker. PAGE 6 FALI FORUM MAY 2002 Articles of Interest The following article is reprinted by permission from Criminal McCollum, 802 F.3d 344, 345 (9th Cir. 1986) (mail fraud Justice Magazine, Summer 2000. scheme); United States v. Johnson, 735 F.2d 1200, 1202 (9th Cir. 1984) (securities fraud).) Opening Daubert’s Gate: Testing the Reliability of an Expert’s Experiences after Kumho For example, in a health care fraud prosecution, expert testimony may be used in a couple of ways to prove fraudulent intent and By Marc N. Garber the existence of a scheme. When a physician or hospital is ac- cused of falsely billing Medicare, the government would likely As the common Latin root of "expert" and "experience" sug- offer expert testimony on the common understanding and use of gests, the Supreme Court quite sensibly held in Kumho Tire Co. billing codes and cost reports to discredit the defendant's prac- v. Carmichael, 119 S. Ct. 1167 (1999), that a trial judge's gate- tices-because both billing codes and cost reports represent the keeping obligation under Daubert v. Merrell Dow Pharmaceuti- key information relied on by Medicare in calculating reimburse- cals, Inc., 509 U.S. 579 (1993), to ensure the reliability and rele- ment amounts. The defense should counter with its own billing vance of expert testimony under Federal Rule of Evidence 702 expert. The defense should also expect an experienced FBI applies to all forms of expertise, including specialized knowl- agent to describe the anatomy, or modus operandi, of a fraudu- edge based on experience. This article focuses on an issue that lent billing scheme, which usually tracks the defendant's conduct. will now recur in complex criminal cases such as health care The agent would describe how a typical physician's office is and securities fraud as well as narcotics prosecutions: How to structured, who creates the list of procedures allegedly per- test the reliability of experience-based opinions on such topics formed on each patient, how that list gets converted into a bill, as common industry knowledge, relevant business practices, and how the bill is ultimately inflated. Of course, lacking access and modus operandi to determine their admissibility under Rule to the raw investigative data available only to the government 702. and any reasonable means to gather comparable information, the defense would not be able to present an anti-modus operandi The stakes for both sides are substantial. In a fraud or narcotics witness. But the common denominator for each of these experts’ case, for example, the admission of such evidence under Rule opinion is specialized knowledge grounded in experience. 702 anchors the prosecution's arguments about the defendant's guilty knowledge and intent or abusive billing, reporting, or ac- Since 1993, the battle over admitting experience-based expert counting practices. And qualifying such testimony as "expert" testimony concerned simply whether Daubert's gatekeeping in- opens the door to hypothetical questions and the use of inad- quiry applied to experience-based opinions. In United States v. missible hearsay before the jury. Conversely, the defense wins Webb, 115 F.3d 711, 716 (9th Cir.), cert. denied, 118 S. Ct. 429 a huge victory by excluding such expertise altogether or even (1997), the court said Daubert did not apply to specialized knowl- shoehorning the testimony into the sphere of lay opinion under edge testimony on modus operandi. In United States v. Jones, Rule 701, which would insulate the jury from hypotheticals, 107 F.3d 1147, 1157-58 (6th Cir.), cert. denied, 117 S. Ct. 2527 hearsay, and the appellation "expert" being affixed to the wit- (1997), Daubert was not applied to handwriting analysis. In ness. United States v. Muldow, 19 F.3d 1332, 1338 (10th Cir. 1994), modus operandi testimony was not subjected to Daubert.

Admission of expert testimony before Kumho On the other side was United States v. Yoon, 128 F.3d 515, 527

(7th Cir. 1997), in which the court held that Daubert applied to Expert evidence about billing, reporting, and accounting prac- specialized knowledge of modus operandi for check kiting. And tices as well as industry knowledge and custom is routine in in Brinati v. KPMG Peat Marwick, 2 F.3d 183, 186-87 (7th Cir. complex fraud cases. In United States v. Erickson, 75 F.3d 470, 1993), the court again extended Daubert to an accountant's ex- 475-76 (9th Cir.), cert. denied, 517 U.S. 1222 (1996), the court perience-based testimony about generally accepted accounting allowed a number of physicians to testify in a health care fraud standards. case about their common understanding of Medicare billing codes. In a bank fraud case, United States v. Riddle, 103 F.3d Nevertheless, the general rule for agents and similar experts was 423, 430 (5th Cir. 1997), the court approved the use of a de- that Daubert did not apply. Rather than scrutinize the reliability of fense expert to discuss how banks operate. Although not a (Continued on page 7) criminal case, in Western Indus., Inc. v. Newcor Canada Ltd., 739 F.2d 1201-02 (7th Cir. 1984), the court permitted expert testimony on trade custom and usage. TSCM Technical Services

Of course, expert testimony by federal agents about modus op- erandi has long been a staple of drug prosecutions, covering WIRETAPS LOCATED topics such as organizational structure, countersurveillance, ROOM BUGS IDENTIFIED and code words, e.g., United States v. Watson, 171 F.3d 695, OFF/ON SITE MEETING PROTECTION 703 (D.C. Cir. 1999). Prosecutors now use agents as modus IN-HOUSE EVALUATION & TRAINING operandi experts more regularly in fraud and other financial cases to explain how a boiler room operates or a check kite JAMES TOTH (25 YRS. ELECTRONIC SWEEPS EXP.) works. (United States v. Whitehead, 176 F.3d 1030, 1035 (8th LARRY CHAPMAN (RETIRED U.S. SECRET SERVICE) Cir. 1999) (check kiting); United States v. Yoon, 128 F.3d 515, 527-28 (7th Cir. 1997) (check kiting); United States v. Oriea, 29 FLA LISC. 01482 FALI MEMBER F.3d 185, 189 (5th Cir. 1994) (structuring); United States v. 1-800-253-4385 SWEEPTEAM.COM MAY 2002 FALI FORUM PAGE 7 Articles of Interest

(Continued from page 6) agents collect and apply their experiences. the witness's testimony, the courts instead equated outstanding qualifications with trustworthy opinions. (See, e.g., United Realizing the Daubert factors would not work in many nonsci- States v. Webb, 115 F.3d 711, 713-14 (9th Cir.) (allowing an entific situations, Kumho granted trial judges "considerable lee- expert opinion about how firearms are concealed in a prosecu- way" in framing the reliability analysis, saying-not so helpfully- tion for possession of ammunition by a felon), cert. denied, 118 that each case's circumstances will guide the trial court's for- S. Ct. 429 (1997).) In fact, one appeals court said that if the mulation of its reliability test and that the Daubert factors gatekeeping rules were applied, "many types of relevant and should be considered "where they are reasonable measures of reliable expert testimony-derived substantially from practical the reliability of expert testimony." (Id. at 1176.) experience-would be excluded." (United States v. Jones, 107 F.3d 1147, 1158 (6th Cir. 1997).) Although a trial judge may know the cases in which to apply those factors "when he sees them," Kumho does little to tip off Kumho has settled that issue and rightfully raised the bar for attorneys as to when that might be or what to argue in lieu of any party seeking to use experience-based opinions. No longer the Daubert factors. Ironically, in a case about plumbing the is expertise a proxy for reliability. Simply cataloging the expert's reliability of other people's opinions, Kumho allows judges to experiences, education, and training-regardless of what kind or employ their gatekeeping expertise for experience-based testi- how much-will not pass muster under Kumho. (Compare Am- mony through methodologies that have never been disclosed brosini v. Labarraque, 101 F.3d 129, 140 (D.C. Cir. 1996) or tested. In all probability, they are untestable, lack controls of (finding an expert's testimony reliable in no small part because any kind short of appeal, have no history of accuracy or mean- of his outstanding qualifications).) ingful error rates, have never been subjected to peer review, and know no general acceptance among the courts. If put on If the approach were otherwise, Rule 702 would be turned on its trial themselves, such methods would likely be treated as the head with expert testimony grounded in the methods of hard sort of "junk science" judicially condemned by Daubert. science being scrutinized far more critically than more elusive nonscientific opinions. Now, the trial court must assure itself Kumho, however, did offer one hint for assessing expertise that the expert's experience-based opinion is well reasoned, based on experience, such as industry custom and knowledge consistent with the generally accepted principles used by the and modus operandi testimony. The Court said that in the case expert outside of court, and not merely subjective or specula- of a perfume tester-whose opinion, like that of an industry ex- tive. pert or agent, is based almost entirely on experience-it may be useful to ask whether his preparation is of a kind that others in Post-Kumho reliability the field would recognize as acceptable. (Id.)

The question, then, is what factors a trial court should use to Factors that measure experience assess the reliability of experience-based testimony. No court has squarely addressed the issue, and the Supreme Court has A similarly fundamental question should be put to experts on offered little guidance. In fact, Kumho holds that because custom and usage, billing specialists, agents, and all whose Daubert's four nonexhaustive factors for assessing reliability- opinions spring from experience. They must be asked if the testability, rate of error, peer review, and general acceptance- process for gathering the data underlying the opinion-including are neither exclusive nor definitive, they may be of no use in education and training-was performed by them or others in a gauging the reliability of expertise on such topics as modus op- manner acceptable in the expert's field. This will ensure the erandi, code words, or attorneys' fees. (Kumho, 119 S. Ct. at expert has tied his opinion to reliably obtained information, at 1175-76.) least in the view of experts in that field. By so doing, the wit- ness shows his testimony is more likely the product of objective The example of the health care provider highlights the factors' observation than subjective or speculative information. For ex- general unsuitability in fraud cases. Neither skilled industry pro- ample, if an agent will be testifying about the mode of operation fessionals nor law enforcement, in search of immutable theo- of a narcotics organization or a hospital, the agent should dem- rems of human behavior, are in the business of doing controlled onstrate that the information on which his opinion is based- experiments to test hypotheses about innovative billing code what amounts to other case histories-was gathered by him and applications, new industry customs, or the inherent characteris- others in a manner relied on by law enforcement organizations tics of fraud schemes. The kind of statistically random informa- generally. tion that girds controlled scientific experiments is, for all practi- cal purposes, unavailable in a fraud context for reasons that Of course, if the data collection process has been badly man- include identification, verification, and the privilege against self- aged from a statistician's perspective, that may be a valid argu- incrimination. Instead, collective experience from live, uncon- ment against reliability and, hence, admissibility. For example, trolled situations provides the grist for business practices and data gathering is badly managed when it draws from a biased, modus operandi testimony. With untestable hypotheses and numerically insufficient, or underrepresentative population or is nonexistent theorems, talking about the error rates of experi- premised on incorrect probabilities. Because the essential point ence is senseless. Nor is peer review and publication applicable of testimony about industry custom and knowledge and modus to the investigative experiences of federal agents, although operandi is an inference based on the sample population about those variables may help gauge opinions on industry practices. what one of the parties knew or should have known, or how the On the other hand, the factor of general acceptance may be useful in testing the reliability of how skilled professionals and (Continued on page 11) PAGE 8 FALI FORUM MAY 2002 Legal News The following articles were submitted by Deborah Stur- fense, a first degree misdemeanor or third degree felony. geon, FCI. Similar to HB 1123. Sen. Locke Burt (R-Ormond Beach). * Senate: Passed the Senate (33/0). Now in H. Messages. Legislative Report from the First Amendment Founda- tion—http://www.floridafaf.org/ SB 654 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Re- CS/CS/SB 1588 Social Security Numbers: Creates a pub- cords Law. No House companion. Sen. Rudy Garcia (R- lic record exemption for social security numbers held by an Hialeah). agency. Allows access by a commercial entity for legitimate * S. Governmental Oversight Committee: A strike all amend- business purposes, and requires each agency to report ment, expanding the exemption for sealed bids or proposals those requesting access to social security numbers by the until such time as the agency provides notice of a decision end of each year. Finally, prohibits an agency from collecting to also exempt replies and invitations to negotiate, is social security numbers unless authorized by law to do so or adopted; reported favorably as a committee substitute. Now unless the collection of such numbers is imperative for the in S. Rules. performance of the agency's governmental duties. Similar to CS/HB 1673. Sen. Locke Burt (R-Ormond Beach) HB 773 Paternity Registry Information: Creates a public * S. Judiciary Committee: A strike-all amendment, requiring records exemption for all information (the name and last a commercial entity seeking access to social security num- known address of the mother of the child; the name of the bers to provide a sworn written request and stipulating that child and the location and date of birth; the man's name, ad- person preparing or filing a document to be recorded in the dress, and driver's license number; and a statement in which official records by the county recorder may include a social the man claims to be the father of the child) contained in the security number in that document unless otherwise ex- paternity registry. Allows release of certificates attesting to pressly required by law, is adopted; reported favorably as a the results of a search of the paternity registry to a court, the committee substitute. Now in S. Rules. birth mother, or an adoption entity. No Senate companion. Rep. Mark Mahon (R-Jacksonville). CS/SB 1648 Judiciary: Creates a public record exemption * H. Council for Healthy Communities: An amendment, ap- for (1) social security numbers contained in court records; proved earlier by H. State Administration, is adopted; re- and (2) all oral or written communications or documents, in- ported favorably as a committee substitute. Now on H. Cal- cluding written documents of the mediator, in pre-suit or vol- endar. untary mediation proceedings. No House companion. S. Ju- diciary SB 1152 Exemption/Investigative Incident Report: Cre- * S. Governmental Oversight Committee: Reported favora- ates a public record exemption for investigative incident re- bly. Now in S. Appropriations Subcommittee on Public ports sealed by a court, stipulating that the report is avail- Safety. able only to the person who is the subject of the report, the

HB 1679 Study Commission/Court Records: Creates a subject's attorney, criminal justice agencies, or licensing or Study Commission on Public Records, with members to be employment entities. Also stipulates that unauthorized re- appointed by the House Speaker, the Senate President, the lease of the exempt report is a second degree misde- Governor, the Chief Justice of the Florida Supreme Court, meanor. Similar to HB 1663. Sen. Ron Klein (D-Delray the Florida Association of Circuit Court Clerks and Comptrol- Beach). ler, and the Florida Bar, for the purpose of developing policy * S. Governmental Oversight Committee: An amendment to guidelines and recommending changes to court procedures, the constitutionally required statement of public necessity is rules, organizational structure, and laws governing privacy, adopted; reported favorably with one amendment (6/1; Sen. confidentiality, admissibility of evidence, and public access. Posey voting no). Now in S. Rules.

Requires the Commission to address certain, specified is- SB 1154 Investigative Incident Report: Defines sues relating to on-line and Internet access to court records "investigative incident report" as a "nonjudicial record main- containing sensitive information. Prohibits placement of mili- tained by a criminal justice agency which documents crimi- tary discharge records, death certificates, and any family nal investigative activity, including, but not limited to, the law, probate, or guardianship files, records, and papers on facts and circumstances relating to alleged or suspected the Internet, and requires that such records already on the criminal activity, and for which there is a final decision by the Internet be removed. Similar to CS/SB 668. H. State Admini- criminal justice agency that an arrest will not be made and stration. criminal charges will not be filed . . .". Authorizes a court to * H. Council for Smarter Government: An amendment allow- seal such reports if the subject of a report complies with cer- ing anyone who is the subject of such records already on the tain, specified conditions. Identical to HB 1495. Sen. Ron Internet to request removal is adopted; reported favorably as Klein (D-Delray Beach). a committee substitute. Now on H. Calendar. * S. Governmental Oversight Committee: Two minor techni-

SB 140 Criminal Use of Public Records: Stipulates that a cal amendments are adopted; reported favorably with two person who knowingly uses public records or information amendments (6/1; Sen. Posey voting no). Now in S. Appro- obtained from public records to further or facilitate the com- priations Subcommittee on Public Safety and Judiciary. mission of a crime commits, in addition to the underlying of- (Continued on page 15) MAY 2002 FALI FORUM PAGE 9

Publication Assistance

The FALI Board wishes to acknowledge the assistance of Bruce Noeske, dba wwWebEditor.com. As FALI Forum Pro- duction Assistant, his efforts have di- rectly contributed to the successful publi- cation of the FALI Forum. Noeske, of West Palm Beach, is a writer, editor, and proofreader for both online and hardcopy materials. His website is http://www. wwWebEditor.com.

Classified Advertising

Reserve your advertising space in the FALI Forum today! Contact Gary McDaniel at (561) 845-1414, fax (561) 845-2468, or [email protected]. Rates per issue are: Full page ($355), half page ($246), quarter page ($136), business card ($46).

Article Submissions Disclaimer

FALI welcomes article submissions from qualified authors and members. Please be sure that any articles submitted are not copyrighted or that we Statements made and opinions ex- have permission from the author for publication. Please include original pressed in the FALI Forum do not nec- author contact information if possible. Submitters will receive a byline with their name and company information. Submit articles by mail, fax, or e- essarily represent the official views of mail to: the Association, unless so stated, and FALI Forum c/o Gary McDaniel advertising in this publication does not P.O. Box 14613 North Palm Beach, FL 33408-0613 imply endorsement or approval by 561-845-1414; Fax 561-845-2468 [email protected] FALI. PAGE 10 FALI FORUM MAY 2002 FCI News The following was submitted by Michelle Morton, FCI, Pro- Memo from the President gram Administrator. Congratulations to the new leadership of the FBCI. FCI Test Dates These folks have a history of contributing to our profes- sion and are to be commended for continuing to make a Future FCI proctored examinations will be held on the fol- difference in promoting education among investigators in lowing dates and locations. Please recommend the FCI pro- Florida. gram to a friend or associate. Exams can be scheduled by contacting the FBCI office at 407-282-8380. Application Keep up the good work. forms can be downloaded from the FCI website— www.FlaCertInvestigator.com. Burt Hodge

June 20, 2002 at 12:00 Noon following PIRSAC Private In- vestigation, Recovery and Security Advisory Council Meet- FALI Position Statement ing Sheraton Studio City Hotel, 407-351-2100 (Continued) 5905 International Drive (Continued from page 4) Orlando, FL ment that any applicant for agency ownership or agency manager, or for designation as the agency manager, have September 26, 2002 at 12:00 Noon following PIRSAC Pri- not less than five years of licensed PI experience in Flor- vate Investigation, Recovery and Security Advisory Council ida, and have successfully completed an approved Owner/ Meeting Manager training program. Eden Roc Resort, 305-531-0000 4525 Collins Avenue TRAINING DELIVERY SYSTEMS Miami Beach, FL 14. To reach the widest base of applicants, the members October 10, 2002 at 9:00 AM during the Florida Annual Li- are in agreement that training must be available by live censed Investigators Conference presentations and online technology. We have excluded Miccosukee Resort & Convention Center, 305-925-2555 home study as a viable training delivery system. 500 SW 177th Avenue Miami, FL ASSOCIATION COMMITMENT

December 5, 2002 at 12:00 Noon following PIRSAC Private 15. As the leading professional association of Private In- Investigation, Recovery and Security Advisory Council Meet- vestigators in Florida, FALI offers the full range of the ex- ing perience of its members to assisting the Division of Licens- Adam's Mark Hotel, 904-633-9095 ing in drafting professional training standards, training cur- 225 Coast Line Drive East riculums, examinations, question banks, license qualifica- Jacksonville, FL tions and proposed statutory language.

If you have any questions, please do not hesitate to contact 16. The association intends to be the leader in training pro- the FBCI office. grams and delivery systems, certification programs, ac- creditation services, and legislative representation of the Executive Board Election Results profession in Florida. FALI offers its association to the Divi- sion of Licensing as an approved provider of the initial It is a pleasure to announce that the following individuals training, the CE and the Owner/Manager training pro- were elected as the Executive Board for the FCI program for grams. It is appropriate, and the desire of the association, the next year. that FALI become a partner with the Division of Licensing in upgrading training requirements and professional stan- Chairperson - Mr. Luis Rosado, III - FCI dards in the PI profession in this state. Vice Chair - Mr. James "Jim" Church - FCI Secretary - Mr. Philip Kincaid - FCI 17. Through service to its members, FALI benefits all li- Treasurer - Ms. Deborah Sturgeon - FCI censed Private Investigators in the state. The implementa- tion of training requirements benefits all who make a living I will continue to staff the Florida Board of Certified Investi- as a Private Investigator, and the clients they serve. It is gators, Inc. corporate office as Program Administrator, moni- for them that FALI endorses a quick and decisive legisla- toring telephones, CEU records, mailings, etc. Thank you all tive stance on these statutory issues. for your continued support of the FCI program.

Give your new Executive Officers a call of congratulations. Their volunteer duties are most appreciated. www.FALI.com MAY 2002 FALI FORUM PAGE 11

larized suspicion, the relevant factors must be seen through Articles of Interest (Cont.) the eyes of those versed in the field of law enforcement. Cor- tez links the agent's decision-making process to an objective, (Continued from page 7) or generally accepted, assessment of the information. party acted, the selection and evaluation of that sample popula- tion is critical. It may be that the expert's sample population fails These six factors offer a comprehensive benchmark for as- to account for similar conduct or is overly inclusive and, thus, sessing whether an expert's experiences suggest reliable testi- too generalized. This kind of complaint, however, may go only mony. Of course, each factor's relative weight may vary in re- to the opinion's weight before the jury, not admissibility, as the lation to the facts of the case. Some cases also may require Advisory Committee notes to Rule 702 expressly contemplate the use of additional factors. purely experiential expertise. Applying the factors at trial Three related factors a court should consider are, first, the num- ber of experiences from which the expert's opinion is drawn; The health care provider example offers a glimpse at how the second, the similarity of the experiences themselves; and, third, six factors may work at trial. With regard to an agent opining the resemblance between those experiences and the facts of on modus operandi, the prosecution must show that the sup- the case. Consider, for example, an industry expert's experi- porting experiences, whether personal or collective, derive ence-based custom and usage testimony about Medicare billing from accepted law enforcement methods, such as undercover codes. Critical to the reliability assessment is not only the ex- operations; consensually taped conversations; testimony or pert's general familiarity with the code but the context in which documented debriefings of offenders, confederates, unwitting the expert used the code; as well as how many times and in accomplices, and industry personnel; and documentary analy- what manner the expert has used the code; how many times sis. and in what manner others have used it; and the relationship between this data and the facts of the case under indictment. The raw number of investigative experiences should be sub- Thus, to guard against the threat of anecdotal information that stantial. They should cover similar fraudulent conduct by might unfairly skew the opinion-making process, the number of health care providers. Those frauds should resemble the experiences generally should approach a statistically meaning- health care scheme charged in the indictment. ful level. Likewise, requiring the underlying experiences to be sufficiently similar creates a population of experiences from The agent must explain how his evaluative approach to form- which the expert can draw reliable conclusions about common ing his opinion about the alleged health care scheme- characteristics and inferences about allegedly similar conduct. identification of telltale signs versus red herring clues and the Finally, assessing whether the expert's bank of experiences weight accorded to each-comports with his or her assessment resembles the facts of the cases helps protect against a subjec- in the field of whether to investigate or recommend the prose- tive or speculative opinion that is not moored to the data. cution of a health care provider. The agent should also offer an analysis of cases declined for investigation and prosecution, Another important factor to weigh is whether the expert reached using the evaluative approach underlying his or her proposed his or her opinion through the same reasoning process, or testimony. methodology, that would be used outside of court. Regardless of the kind of expertise, it will be important to know if the wit- Finally, the agent must detail how the investigative data pro- ness has reached different conclusions on similar facts when duced the telltale signs, the red herring clues, and the weights not in court. The number of such instances should inversely re- ascribed to each. There must be an explanation of the agent's late to the expert's reliability, absent a sound explanation. Per- vetting process-which itself must be a generally accepted one- haps the clearest example is modus operandi testimony, when in which schemes were reconstructed and compared, whether the judge should be made aware of cases similar to the defen- by the agent or others. The expert should state the frequency dant's in which the agent's methodology has led to specific in- of leading indicators, thereby explaining their relative signifi- vestigations not being pursued or the nonprosecution of specific cance. Based on this kind of testimony, the agent may then subjects after an investigation. Thus, in the narcotics context, if reliably opine that the conduct of the defendant health care a prosecution of an alleged courier or lookout has been de- provider was fraudulent. clined, then the reason for that decision certainly should bear on the reliability of the agent's opinion in a like case. Conclusion

Finally, experts must explain how their experiences led to the The reliability analysis Kumho now requires for experience- conclusions reached and whether they were accomplished in a based expert testimony offers lawyers a wide avenue for crea- manner generally accepted in their field. Such a canvass re- tivity. Although a number of proposed changes to Rules 701, quires the witness to articulate each of the inferential links-the 702, and 703 dot the horizon, none of them directly addresses actual thought process-connecting the underlying data to the the very thorny issue of how to evaluate the reliability of spe- opinion. This is the very type of testimony Fed. R. Evid. 701 ex- cialized knowledge grounded in experience. One argument cuses when a lay witness opines on a matter of common ex- seems clear, however. Reliability is all about "process, proc- perience. On the other hand, given the need for reliable conclu- ess, process." sions about complex matters, Rule 702 experts must be able to verbally construct the bridge from their experiences to their Marc N. Garber is an assistant U.S. attorney for the District of Ne- opinions using a generally accepted method. United States v. vada. The views expressed in this article are exclusively those of the Cortez, 449 U.S. 411, 417 (1981), provides a good analogy for author and not the U.S. Department of Justice. A shorter version of how the witness should frame the analysis. In Cortez, the Court this article appeared in the White Collar Crime Reporter's March held that in deciding a challenge to an agent's finding of particu- 2000 issue. PAGE 12 FALI FORUM MAY 2002

(The contents of all articles in The FALI M.A.P. column are The FALI M.A.P. the personal intellectual property of Burt Newman and are Copyrighted © & Copyright Protected under Copyright Law. With this issue, the Editor of the FALI Forum welcomes the None of the contents may be copied or used without his ex- addition of a series of articles to our newsletter called The pressed written permission and are placed in the FALI Fo- FALI M.A.P. This series is designed to both inform and help rum with his permission.) FALI members in the areas of Marketing, Advertising and Promoting themselves and their agencies. The articles are written by Burt Newman, a licensed P.I. and member of FALI. Prior to his involvement in our profession, he spent a Benefits Committee considerable portion of his former life dealing with market- ing, advertising and promotional planning. The articles David Hodges submits the following. FALI continues to lo- should be of interest to you and are designed to provide help cate small business services for you. Thanks go to David for in the business side of your company activities. his continued dedication and support. ------In an attempt to share and offer suggestions to FALI mem- Below are the credit card rates which I have tentatively ne- bers, this author will try (over several issues) to concentrate gotiated for FALI members. Please check these against your his efforts on three of the basic foundations for the growth current rates. I believe these rates to be lower than any and improvement of yourself and your business. It is hoped rates you have seen. that the goal (and end result) will be that of the further im- provement of both individuals and their agencies as they FALI would fall under the Trade Association pricing sched- strive to become more successful at what they do and, in so ule. Please note that Mastercard rates have increased na- doing, inform others of their success, accomplishments, im- tionally and Visa rates will go up in October. This will affect provements and expertise. all Mastercard and Visa rates across the board. The rate schedule shown below reflects those changes and is The title and ideas for this series, The FALI M.A.P., didn't unlikely to increase unless Visa goes up dramatically more happen just by accident; it was well thought out. It evolved than is currently anticipated. The rates below reflect the use as a result of numerous discussions about business success of standard in-office terminals. If the prospective merchant in our profession and how we are an important part of the wishes to use a field terminal such as the one developed for larger business community. Its significance and applicability use with a Nextel phone, there will be a fee for the use of to our profession is no less important than the due diligence that service above and beyond those outlined below. or professionalism with which we approach our daily work. EXHIBIT A The three basic components of The FALI M.A.P. are Market- ing, Advertising and Promotion. Association Pricing (1.499% + $.19) • 1.499% on all qualified credit card volume While these are just a few of the skills and knowledge • .80% surcharge on non-qualified credit card volume needed to succeed in any business, they are (in this author's (this is when the card cannot be swiped) opinion) primary to the success or lack thereof in most any • $.19 per qualified authorized transaction business, but typically important in our profession. Our in- • $.025 surcharge per non-qualified authorized transac- dustry is unique for many reasons, but significantly because tion a vast majority of us come to it from other businesses, back- • $.35 per non-authorized transaction grounds and areas of training or experience. Since our di- • $.49 for all debit card transactions versity is our commonality, we all need all the help we can • $2.00 for ePC-generated merchant statements get in letting others know "who we are," "where we are" and • $18 for chargeback processing most importantly, "what we can do for them." This awaken- ing will be the vehicle that gets us off our individual islands • $30 for merchant set-up and training and brings us to the mainland of business. • $5 per month per merchant for Customer Service Call Center availability This, then, is our goal and mission: to get our name and ser- vices clearly known both to other members of the FALI com- munity (referrals) as well as the specific community-at-large Welcome New Members which we seek as prospects (and future clients). The meth- ods used, activities selected and way in which we undertake David P. Bianchi (Bradenton) these challenges will determine to a great extent our suc- Christopher Boden (Panama City) cess in the attempt to grow our businesses and achieve our Peter F. Cash (Nashville, TN) personal goals. Denise L. DuFault (Cape Coral) Marie A. Herrmann, MD (Panama City) So, starting with the next article, this author will discuss Jeffrey T. Moy (Alachua) these three basic components of The FALI M.A.P. and find Carlos Oviedo (Miami) out "What It's All About" for us. Jamie Sheppard (Bellview) Robert Simmons (Boston, MA) MAY 2002 FALI FORUM PAGE 13 PAGE 14 FALI FORUM MAY 2002 Website Spotlight Florida Annual Licensed Investigator Conference The following website was submitted by Deborah Sturgeon. http://www.workerscompensation.com Largest single national resource available for Workers' Compensation "Professional Educa- issues and concerns. Revised and updated statutes for twenty-five states tional Training & Net- are now online and available for your review. working - A Winning The following Monroe County court sites were submitted by Denny Howley. Combination" http://www.clerk-of-the-court.com http://www.monroe.fl.us.landata.com http://www.co.monroe.fl.us October 10-12, 2002 http://www.keysso.net (Sheriff)

The following websites were submitted by Jim Church. Miccosukee Resort & http://www.PAC-Info.com—search for public records nationally Convention Center http://www.HCSO.Tampa.FL.us—Hillsborough County Sheriff’s Office Gaming Casino & Euro- pean Spa FALI Membership Directory 500 S.W. 177th Avenue

ADDITIONAL COPIES ARE NOW AVAILABLE! Miami, Florida 33194 Don't pass up the opportunity to obtain additional copies for your car or home T: 305-925-2555 office. Copies cost only $9.99 each plus $4 shipping and handling. For a limited time only!! Buy 2 copies and get the 3rd one FREE. F: 305-221-8309 No more quesswork when you need a name or telephone number. Have an ad- ditional copy with you at all times. Visit www.FALI.com for Contact Tony Bonacum to get your additional copy. Don't wait any longer; call now: 863-647-4503, Fax orders: 863-647-4622, E-mail: [email protected] more details. (Additional shipping costs apply to multiple copy orders.) MAY 2002 FALI FORUM PAGE 15

Rep. Lindsay Harrington (R-Punta Gorda); Sen. Jim Se- Legal News (Cont.) besta (R-St. Petersburg); Sen. Anna Cowin (R-Leesburg).

(Continued from page 8) HB 1951, Invitations to Negotiate/Records & Meetings H. NEW BILLS FILED Fiscal Policy & Resources HB 1983 Juvenile Delinquency Program/Records: In SB 2416, List of Public Employees pertinent part, amends s. 985.04, F.S., allowing access Sen. Rudy Garcia (R-Hialeah). to the name, photograph, address, and crime or arrest reports of juveniles under certain specified conditions, to expand the circumstances under which such records Members Celebrate Happy Birthday to our professional associates. are not considered exempt solely because of age, stipu- lating that such records shall not be confidential and ex- Birthdays in April Birthdays in May empt if the child has an arrest warrant issued or has been identified in a law enforcement incident report or S. Kevin Black Alvie L. Davidson, FCI, CGRS arrest report. Also clarifies that information not consid- Robert H. Blair David C. Edsall ered confidential and exempt may be provided by a law Joseph Carrano Robert W. Gietzen enforcement agency. No Senate companion. H. Juve- John H. Levey Kent C. Jurney William G. Lewis Samuel E. Lucas, Sr. nile Justice and Rep. Gustavo Barreiro (R-Miami). Maria T. Ortega Marvin E. Powers, FCI

Robert L. Parke, CLI, FCI Frank M. Stevens SB 2256 Sale of Personal Consumer Data: Provides Charles T. Rahn Richard L. Fletcher, Sr. that any person or business entity who makes available, Jack H. Reed Steve Levy lends, donates, or sells the name, address, account Carl Sumner, Jr. Stephen Hapka number or other personal information of any consumer Kent L. Pietsch Carroll H. Baum without the express written authorization of that con- Benedict A. Manasek Gregory C. Nall Carl D. McMahan Ronald K. Widman sumer has committed a first degree misdemeanor. No Bill W. F. Greenberg Jay Jacome, CCDI House companion. Sen. Buddy Dyer (D-Orlando). Francois R. McKinnon Lee M. Hunt Theodore D. Pugh Frank Edward (Ed) Warren Here's the updated Priority List: Ralph Rowe, FCI Danny R. Johnson Toni W. Maloney, M.S. Anthony Kaplan SUPPORT Robert L. Metts Anthony Pullara Robert T. Edgar Mark F. Mark SB 140 and HB 1123, Criminal Use of Public Record Alfredo Hernandez Mark J. Murnan, CCDI Information Thomas J. McMenamin IV, FCI Paul A. White Sen. Locke Burt (R-Ormond Beach); Rep. Roger Robert Bagshaw Ealnor S. Hamilton, FCI, CMI Wishner (D-Plantation). Ed Laing James B. Porten Angel Sosa Jerry W. Sutphin HJR 327 and SJR 1284, New Exemptions/Votes Valerie Bailey William J. Taylor Donna M. Schrang Mary Alyce Summers Rep. John Carassas (R-Largo); Sen. Jack Latvala (R- C R "Bob" Brown, CMI, FCI John H. Anderson Palm Harbor). Joseph J. Racis David Marich HB 1661 and SB 2172, School Advisory Councils/ By-Laws Rep. Charlie Justice (D-St. Petersburg); Sen. Ginny FALI Membership Application Brown-Waite (R-Brooksville). Visit FALI’s Web page at http://www.FALI.com and click on OPPOSE FALI Membership Form. Membership Fees: Active—$90; Asso- ciate—$65; Affiliate—$65; Unlicensed Specialist—$65; Stu- HB 241, Crime Scene Photos dent—$40; Corporate Sponsor—$165. Rep. Dick Kravitz (R-Orange Park).

SB 378 and HB 445, Public Utility Records Sen. Stephen Wise (R-Jacksonville); Rep. Mike Ho- gan (R-Jacksonville).

HB 875 and SB 1600, Physicians/Adverse Incident Reports Rep. Gus Bilirakis (R-Palm Harbor); Sen. Charlie Clary (R-Destin).

CS/SB 1494 and HB 1509, Pharmacists/Adverse Incidents Sen. Skip Campbell (D-Tamarac); Rep. Joyce Cusack (D-DeLand).

HB 1311; SB 1526; and SB 2464, Driver History Re- cords Florida Association of Licensed Investigators, Inc. Legislative Corner is proud to announce a One-Day Seminar By Charles E. Barner in the Tampa area

Date: Saturday, June 22, 2002 Special session "E" is almost over. Called by the Governor to finish the Time: 8:00AM to 5:00PM budget, cabinet reorganization, the education code, and some minor issues, they have wrapped up all except for voting on the budget on Monday. The Location: Travelodge Hotel, 820 E. Busch Blvd., Tampa, FL 33612 budget conference committee finished their work yesterday and the final bill T: 813-933-4011 was sent to all members. By law they must review the bill for 72 hours, hence 8.0 CEUs for FCIs their return on Monday. While they can argue the merits (or lack of) they can't reject the final product. Seminar Rates: $79 - Licensed Investigators $49 - Student Rate Cabinet reorg and the education code was earlier passed with little debate 8:00A - 8:30A Registration - Coffee/Danish after the conference worked out the problems. 8:30A - 10:15A Tim O’Rouke - Executive Protection “Basic Train- ing” The public record bill to come up that was new related to veteran's records 10:15A - 10:30A Break that they filed with the local clerks. The original bill would have exempted them 10:30A - 12:00N Michelle M. Morton, FCI - Investigative Legal Issues & Statutory Compliance Update from the public, but the amended bill allowed the veteran to remove the record 12:00N - 1:00P Lunch (Included in registration fee) from the clerk’s office without it remaining a public document. The amendment 1:00P - 2:45P Richard Harris, FCI - “Red Flags of Fire Fraud” & was agreed to by all parties. In 1973, due to a fire in a federal building, the Expert Testimony and Changing Caselaw Government advised veterans to file their papers with local clerks for safe- 2:45P - 3:00P Break keeping. This bill merely allows them to remove paper from the protection of 3:00P - 4:45P Luis Rosado III, FCI - Insurance Surveillance & Ethical Considerations the clerk’s office. 4:45P - 5:00P Evaluations & Closing Remarks

The session ended with no surprises that adversely impact on your industry. I Make your checks payable to: FALI encourage all to communicate with your representatives all year. We can Mail to the attention of: Michelle M. Morton, Seminar Coordinator make a difference and have, as proven this year. FALI PAC is in need of do- P.O. Box 570201, Orlando, FL 32857-0201 nations and a representative, since David Hodges will be stepping down for For additional information, call: 407-282-5934 or fax: 407-282-8380 business reasons. Contact the President or First Vice President if you have an [email protected] interest in donating or volunteering your time.

President—Burt Hodge Chairman of the Board—Jim Church Director Area #7—Rolan Peak 850-561-3990; Fax 850-561-3995 813-752-2606; Fax 813-757-0901 Escambia, Bay, Santa Rosa, Walton, [email protected] [email protected] Okaloosa, Holmes, Washington 850-234-6252; Fax 850-234-8006 1st Vice President—Gary McDaniel Director Area #1—Jim Church [email protected] 561-845-1414; Fax 561-845-2468 Polk, Hillsborough, Highlands Director Area #8—Gary Sherman [email protected] 813-752-2606; Fax 813-757-0901 [email protected] Charlotte, Lee, Glades, Hendry, Collier 941-437-9600; Fax 941-267-3949 2nd Vice President—Deborah Sturgeon Director Area #2—Philip Kincaid [email protected] 407-282-3735; Fax 407-282-1301 Brevard, Volusia, Flagler [email protected] 386-304-6033; Fax 386-304-6044 Director Area #9—Shelley Moody [email protected] Lake, Seminole, Orange, Osceola 3rd Vice President—Anthony Bonacum 407-649-2085; Fax 407-649-3053 863-647-4503; Fax 863-647-4622 Director Area #3—John Reutter [email protected] [email protected] Hernando, Pasco, Pinellas, Citrus, Sumter 727-848-3423 Director Area #10—Mark Murnan

[email protected] Palm Beach, Okeechobee, St Lucie, Martin, Treasurer—Bill Miller Indian River 561-655-2501; Fax 561-659-8370 Director Area #4—Kirby Jordan 561-845-1414; Fax 561-845-2468 [email protected] Marion, Alachua, Dixie, Lafayette, Gilchrist [email protected] Levy, Putnam, Union, Columbia, Bradford Secretary—Lou Rosado Suwannee Director Area #11—Lynette Revill 352-429-0636 352-372-7270 Manatee, Sarasota, Hardee, DeSoto [email protected] [email protected] 941-929-9225 [email protected] Director Area #5—Joe Wheeler Sgt. At Arms—Jim Ley Dade, Monroe Director Area #12—David Hodges 727-384-3600; Fax 727-344-3420 305-246-8720; Fax 305-246-3042 Baker, Clay, Duval, Nassau [email protected] [email protected] 904-237-5917; Fax 904-381-9913 [email protected] Historian—Jim Hamilton Director Area #6—Ben Poitevent 561-746-9552; Fax 561-748-9462 Leon, Madison, Calhoun, Gulf, Wakula, Director Area #13—Tom Davis [email protected] Franklin, Hamilton, Taylor, Liberty, Broward Gadsden, Jefferson 954-791-5868; Fax 954-791-5869 850-224-4459; Fax 850-224-4459 [email protected] [email protected]

P.O. Box 12483 Tallahassee, FL 32317