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Initial Goals
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- Initial Goals
- Call on concerned citizens, individuals, employers and anyone whom believes that SMART regulation is necessary for our civil society, but also know that some regulations have become too onerous, cumbersome, complex, expensive and some agencies have gone beyond their limited authority, to Become Members. Increase the numbers of members so that their stories, voices, and combined resources may be turned into action and that focus achieves change that has a positive impact.
- Utilize regulatory agency reports, data obtained from public records requests and any other available sources to create detailed, fact-based analysis of regulatory activities and comparisons of their outcomes to the originating purpose of authorizing statutes.
- Collect and summarize stories of multiagency punitive actions stemming from a single regulatory compliance violation and the impact.
- Collect and summarize stories of smart agency regulatory activities, which do not exceed legislative authority and achieve the desired effect in the best interest of the people as an example of the efficacy of well applied, useful laws and the positive impact in keeping a free, healthy, civil society, ruled by the equally applied rule of law, while protecting individual liberties.
- Produce summary reports, articles, white papers, etc. from data obtained and summarized individual stories collected to aid in demonstrating whether specific regulatory actions are accomplishing the desired outcome and serving the public interest.
- Become a leading resource for the legislative, executive and judicial branches of our government and the public by providing 360-degree reviews of regulatory activities (i.e. rule-making, enforcement, compliance, etc.), comparing administrative agency outcomes and overall impact back to the intention and/ or goals, of our elective bodies, for which the limited authority was granted.
- Advocate for the ending of civil regulatory agencies using data analytics to selectively identify person(s) and/ or entities found to be non-compliant with civil law and elevate their required referrals to criminal law enforcement to be more probable of being charged for a criminal violation than other non-compliance referral cases, thereby establishing the civil regulatory agency as an “agent” for the criminal law enforcement agency.
- Advocate to changing the practice of, or minimizing the penalties from multiple jurisdictions, via interagency referral practices, from imparting waves of regulatory sanction stemming from single civil regulatory law violation(s).
- Advocate for lowering the criminal degree(s) charged, when civil regulatory agencies refer first time regulatory non-compliance of individuals or entities to criminal law enforcement agencies, thus potentially creating scenario(s) whereby essentially law-abiding person(s) become felons.
- Advocate for and support an end to the practice of the Reissuance of Stop-Work Orders by the Florida Division of Workers’ Compensation to currently compliant’ employers whom were previously released from said Stop-Work Order(s), which was issued to them for failing to provide coverage in compliance with chapter 440.107, due to their being unable to continue to make monthly payments on the all too often excessive monetary penalties associated. This civil regulatory enforcement action is taken despite the employer’s current compliance with the coverage requirements. Employers’ inability to make payments is the justification for immediate reinstatement of the Stop-Work Order, which requires the cessation of all business operations in Florida, even though they are currently in legal compliance with the coverage requirements because they owe an outstanding balance on a penalty. However, owing a civil penalty does not pose “…an immediate danger to public health, safety, and welfare”, which is the only justification enumerated in section, 440.107, F.S. for the very limited, but awesome power of issuing a Stop-Work Order. The noted statute (440.107, F.S.) grants rule-making authority to the Division of Workers’ Compensation, and they have “deference” to interpret the statute, via rule. However, deference does not allow for exceeding the clear language of the statute. In this case, interpretation is not necessary, as the language clearly states the only justification for the issuance of a Stop-Work Order. However, there are civil remedies to collect unpaid debts available to all creditors, even the state, which is also pursued by the state, via the filing of a lien with the Florida Department of State and by sending these cases to a contracted collection agency, which charges employers an additional 22% in addition to the penalty prescribed by law. To stop the work of an employer and all of its employees, rendering it and them unable to earn a living and eliminating the possibility of paying any debt owed, when the employer is compliant with coverage requirements, is contrary to the conscript of the law in spirit and clear dictate. These actions are a deformed expansion of the agency’s legislative authority and it simply defies logic by preventing the method by which the employer could pay the penalty, and then insult is added to injury by allowing a collection agency to add their confiscatory fee.
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