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Real ID Now Required for Air Travel

Posted on by Scott Hertz
Florida Drivers License - REAL ID

Starting January 22, 2018, passengers who have driver’s licenses issued by a state that is not yet compliant with REAL ID and that has not received an extension will need to show an alternative form of acceptable identification for domestic air travel. Please see TSA’s website for a list of acceptable forms of identification. Passengers who have licenses issued by a state that is compliant or that has an extension to become compliant with REAL ID requirements may continue to use their licenses as usual. For a list of states already in compliance or with an extension visit DHS’s REAL ID webpage. DHS continually updates this list as more states come into compliance or obtain extensions. More information available at Department of Homeland Security FAQS.  To check whether your state is compliant or has an extension, click here.  Passengers with driver’s licenses issued by a state that is compliant with REAL ID (or a state that has been issued an extension) will still be able to use their driver’s licenses or identification cards.

Florida Driver License REAL ID
Sample Florida Driver’s License – REAL ID

From the Florida Department Highway Safety and Motor Vehicles “The REAL ID Act became effective nationwide on May 11, 2008. Florida began issuing REAL ID compliant credentials after January 1, 2010. The new credentials have a star in the upper right corner of the card, as shown in the sample license example on the right. Because Florida is a REAL ID compliant state, all Florida licenses should be accepted nationwide.” If your id is not complaint, be sure to bring alternative id when travelling, until you get a new identification card.

If your Driver’s license or other state issued identification is not complaint with the REAL ID act, here is a list of other identification accepted by TSA:

Adult passengers 18 and over must show valid identification at the airport checkpoint in order to travel. TSA does not require children under 18 to provide identification when traveling with a companion within the United States. Contact the airline for questions regarding specific ID requirements for travelers under 18.

  • Driver’s licenses or other state photo identity cards issued by Department of Motor Vehicles (or equivalent)
  • U.S. passport
  • U.S. passport card
  • DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
  • U.S. Department of Defense ID, including IDs issued to dependents
  • Permanent resident card
  • Border crossing card
  • DHS-designated enhanced driver’s license
  • Federally recognized, tribal-issued photo ID
  • HSPD-12 PIV card
  • Foreign government-issued passport
  • Canadian provincial driver’s license or Indian and Northern Affairs Canada card
  • Transportation worker identification credential
  • U.S. Citizenship and Immigration Services Employment Authorization Card (I-766)
  • U.S. Merchant Mariner Credential

Additional information on acceptable forms of identification can be found at https://www.tsa.gov/travel/security-screening/identification.

 

Hurricane Aftermath – Do not hire unlicensed contractors

Posted on by Scott Hertz
Hire a licensed contractor

Hiring unlicensed contractors can be disastrous

Even after a natural disaster, remember that all repair work performed on your home or business must be completed by a licensed professional.  Florida does not waive licensing requirements for construction work after hurricanes. It is important to make sure before hiring any contractor to make sure they are both licensed and insured. The license must be one issued by the State of the Florida or your local permitting authority. Florida does not allow contractors from other states to work in Florida, without a Florida license. Further, contractors need  both workers compensation insurance (unless the person doing the work owns at least 10% of the company and has an exemption) and general liability insurance. this is true whether you need roof repairs, a new screen cage, or seawall repair. Using an unlicensed contractor may seem cheaper up front, but the end result is often very costly!

Contractors travel from out of state to a disaster area and take advantage of the large amount of repair work to be done. Remember that even if they are licensed in another state to perform construction services, they must also obtain a state license from the Florida Department of Business and Professional Regulation (DBPR) to perform those services on your home or business. In fact during a declared State of Emergency, the penalty for unlicensed construction activity becomes a third-degree felony.

Unlicensed activity occurs when a person who is not licensed by the state performs or offers to perform a job or service that requires licensure in one of the professions regulated by the Division of Regulation, Division of Real Estate and Division of Certified Public Accounting.

Steps to prevent becoming the victim of an unlicensed activity scam

1. Know what services require a state license.

Below are some examples of common storm-related services that may or may not require a state license from DBPR.

Common Storm-Related Services Requiring a License
 Common Storm-Related Services Not Requiring a License
Roof Repairs Trimming or Removing a Fallen Tree
New or Replacement Roof Removing Debris
Installing New Windows Placing a Tarp on a Roof
Plumbing Repairs DISCLAIMER: These lists are not intended to be comprehensive, and any additional or detailed questions should be directed to the Department by calling 850.487.1395. Consumers should check with their local building departments to determine if there are additional permitting and/or licensing requirements for their area. For additional licensure requirements related to construction, click here.
Electrical Repairs or Rewiring

2. Verify licenses before you hire or sign a contract.

Protect yourselves from unlicensed activity. Always verify the license online or call the Customer Contact Center at 850.487.1395. DBPR also has a free smartphone app that enables consumers to search for state licenses by name or license number. Download the app on iTunes or the Google Play app store.

Be wary of individuals who only produce an “occupational license,” or corporate filing. An “occupational license” only means that the person has paid a tax receipt to the local municipality.

3. Use your best judgment when signing a contract and making payments.

Do not pay cash in full before the work is completed and be cautious of writing checks made payable to individuals, especially when dealing with a company. Get everything in writing, including a detailed description of the work to be completed, a completion date and the total cost.

4. Report unlicensed activity.

Report unlicensed activity by calling the Department’s Unlicensed Activity Program at 1.866.532.1440, emailing ULA@myfloridalicense.com or by downloading the free DBPR Mobile app through iTunes or the Google Play app store.

We stand ready to help.

If you having issues regarding payments owed or disputes over the scope of work to be performed, attorney Scott Hertz is ready to help you in resolving that dispute with or without litigation. He has experience in both enforcing and foreclosing on claims of lien for contractors and defending against improper claims of lien for owners. Please use our contact form to set up an appointment.

FTC reviewing Amazon’s “discounts” for being misleading

Posted on by Scott Hertz
Misleading pricing?

Does Amazon mislead it’s customers about pricing discounts?

A study done by an advocacy group Consumer Watchdog says it does. It claims that “nearly 40% of the 4,000 Amazon products looked at used reference or list prices that are not charged by other retailers.” The study showed that other retailers were often selling the same goods at or close to the “discounted price” raising the question as whether that was really a discount, or just the normal selling price. The study further showed that “when it came to average prices, the report found that 71% of the products examined in the study were more expensive than the list prices of competitor’s sales.”

Reuters says that as part of its review of Amazon’s purchase of Whole Foods the FTC is reviewing pricing/discounting advertising to see if it is deceptive to consumers. The FTC’s “Guide Against Deceptive Pricing” warns against using a fictitious or inflated list price for the purpose of making charged looked like a bargain.

How to protect yourself

This has been a practice that unscrupulous retailers have used for years, they provide a list or regular price for an item, that has never been charged, and then show the item at a sale or markdown price to make it look like the consumer is getting a great deal. In reality, the “sale” price is the regular price that the product is normally sold at. Always do a price search before purchasing any significant items.

Ironically, Amazon is actually a great place to do this type of price search. Recently a friend was looking at some bed sheets that were on “sale.” Amazon had the same exact sheets being sold at half of the “sale” price.  The key is not to be fooled by the supposed list price and to focus on whether or not the actual selling price is a good deal.

Legal translation of “I give you this orange.”

Posted on by Scott Hertz
Legal translation of "I give you this orange."

Everyday phrase:

“I give you this orange.”

Legal translation:

Know all the persons by these presents that I hereby give, grant, bargain, sell, release, convey, transfer, and quitclaim all my right, title, interest, benefit, and use whatever in, of, and concerning this chattel, known as an orange, or Citrus orantium, together with all the appurtenances thereto of skin, pulp, pip, rind, seeds, and juice, to have and to hold the said orange together with its skin, pulp, pip, rind, seeds, and juice, for his own use and behoof, to himself and his heirs, in fee simple forever, free from all liens, encumbrances, easements, limitations, restraints, or conditions whatsoever, any and all prior deeds, transfers, or other documents whatsoever, now or anywhere made, to the contrary notwithstanding, with full power to bite, cut, suck, or otherwise eat the said orange or to give away the same, with or without its skin, pulp, pip, rind, seeds, or juice.

From: Law School, A survivor’s guide, attributed to Plain Wayne [pseud.], Wis. Bar Bull., Feb. 1975, at 61.

I find it fascinating, how something seemingly so simple can become so complex. Often it seems that lawyers can make things more complicated than they need to be. It is good to have a lawyer on your side, who understands your issues well enough to make the complex seem simple. Whether its a contract dispute or a complex construction law issue, we make the effort to ensure your issues are well presented in an understandable way.

Are 4×4 boards really 4″x4″?

Posted on by Scott Hertz
Measuring Lumber

Are 4×4 boards really 4″x4″? The short answer is no, they are not. But apparently some people think they should be, and they filed a lawsuit about it against Home Depot and Menards.

I have seen similar misleading claims made in construction defect litigation that what was provided in the building was not what it was supposed to be. Before filing a lawsuit, it is important to do your homework and to use an attorney familiar with the area of law involved.

Recently, a class action lawsuit was filed against Home Depot and Menards alleging that it was engaged in deceptive marketing practices for selling lumber marked as 4×4, where the actual size of the lumber was smaller when measured. While it is true that the actual size of a 4 x 4 board is 3 ½ x 3 ½, that is not a deceptive practice in my opinion. It is well known that lumber is sold based on nominal sizes, and the actual size of the boards is smaller than the nominal size. The 4×4 size is based on the rough-cut size of the wood, before it is trimmed and planed to create a smooth surface. Lumber is also baked in an oven to reduce its moisture content, which also cause it to shrink slightly and reduces its weight. Ironically, if the boards were actually the nominal size, they would cause what was being built to be the wrong size as the measurements commonly used in building plans are based upon the actual, not nominal sizes referenced in those plans.

Lumber’s nominal dimensions are larger than the actual standard dimensions of finished lumber. It used to be that the nominal dimensions were the size of the green, rough boards before they were turned into finished lumber through drying and planing. Today, the United States Department of Commerce has set forth standards that specify the final finished sizes. For example, a “2×4” board historically started out as a green, rough board that measured 2 by 4 inches. After drying and planing, it will be 1 1⁄2 by 3 1⁄2 inches.

North American softwood dimensional lumber sizes from Wikipedia
Nominal Actual Nominal Actual Nominal Actual
in × in
1 × 2  3⁄4 ×  1 1⁄2 2 × 2  1 1⁄2 ×  1 1⁄2 4 × 4  3 1⁄2 ×  3 1⁄2
1 × 3  3⁄4 ×  2 1⁄2 2 × 3  1 1⁄2 ×  2 1⁄2 4 × 6  3 1⁄2 ×  5 1⁄2
1 × 4  3⁄4 ×  3 1⁄2 2 × 4  1 1⁄2 ×  3 1⁄2 4 × 8  3 1⁄2 ×  7 1⁄4
1 × 6  3⁄4 ×  5 1⁄2 2 × 6  1 1⁄2 ×  5 1⁄2 6 × 6  5 1⁄2 ×  5 1⁄2
1 × 8  3⁄4 ×  7 1⁄4 2 × 8  1 1⁄2 ×  7 1⁄4 8 × 8  7 1⁄4 ×  7 1⁄4
1 × 10  3⁄4 ×  9 1⁄4 2 × 10  1 1⁄2 ×  9 1⁄4
1 × 12  3⁄4 ×  11 1⁄4 2 × 12  1 1⁄2 ×  11 1⁄4

These sizes have been jointly published in the National Institute of Standards & Technology Voluntary Product Standard PS 20-10 with support from the U.S. Department of Commerce for wood with a moisture content of 19% or less.

I venture a guess that these class actions lawsuits will not survive a summary judgment motion and its sad to see them brought against these stores. But don’t let a claim over something as silly as you used 4 x 4 boards that weren’t, cause you legal problems.

Fortunately, my experience in the construction industry helps me to properly address claims like these in construction defect litigation. Before making a claim that something is not what is supposed to be, it is important to identify the relevant standards used in the industry. Having an attorney who is a Florida licensed general contractor is a good way to ensure that your construction litigation case is properly evaluated and researched.

 

Scott Hertz, Attorney
Florida CGC1506070

Twelve Tips for Successful Civil Litigation that Will Help You Win Your Lawsuit

Posted on by Scott Hertz

1. Know what your goals are for your lawsuit.

     Surprisingly, often parties enter into litigation without having a clearly defined measure of success. By defining what you want to accomplish before starting a lawsuit, it will be easier to assist you in accomplishing that goal.  This is true, whether it be monetary relief or having the other party take a specific action.

 2. Similarly, understand the non-monetary costs of litigation.

      Litigation can be expensive, not only in terms of legal fees and costs, but in terms of the time it requires you spend on it and the emotional stress it can create. Lawsuits sometimes settle, because one side has simply worn the other out. Be sure that you are ready to go through the process to achieve your desired results.

  3. Have realistic time expectations for how long your case will take.

      The wheels of justice do turn, but often not as quickly as clients would like. Discuss likely timeframes with your attorney, so that you can be mentally prepared for the time your lawsuit will take.

  4.  Be prepared to share information with the other side.

     The discovery process by which parties can request information from each other is often frustrating to clients. In Florida, discovery is very broad allowing opposing parties to request information that is relevant to the lawsuit, even if that information itself is not admissible. So when you ask your attorney, can they really ask me for that, the answer is generally, “yes, yes they can.”

5. Likewise, think of what information the other side may have that you want access to.

     The more assistance you can provide your attorney as what the other sides knows or should have access to, the better he or she will be able to assist you in preparing your lawsuit for trial.

6. Agree on your expectations regarding communications with your attorney.

     Some clients want frequent updates, others only want to be notified if they are required to take action. Discuss your expectations with your attorney and agree on a way to handle them so that you get the amount of communications you desire. Also discuss whether email, phone, or text messages are appropriate ways to communicate.

7. Don’t lose your temper.

     Keeping your emotions in check is always important. Many times litigation involves issues that are very personal and life altering. But if you allow your emotions to rule you, that can be the only thing people remember about your case. Whenever possible, try to maintain a calm demeanor. As always there are exceptions to every rule, and perhaps that will the topic of another post.

8. Attend the depositions of opposing parties and their witnesses.

     Again, no one will ever know your lawsuit as well as you do. By attending depositions you may hear something that triggers a memory you had forgotten to tell your attorney about. When this happens, you can write a note and inform your attorney at a break, so that they can follow up on the information and ensure it is used to support your case.

9. Mediation can be a useful tool to resolve cases.

     My favorite quote from a mediator is “today is the best opportunity for you to determine the outcome of your case. After today, your case will be determined by a judge or a jury and will no longer be in your control.” While, cases do settle after mediation has taken place, the point is valid. At mediation, the parties and not someone else are making the decision about how to resolve their dispute.

10. If you go to court, look presentable.

     This is true whether you are going to be a witness or just observing the proceedings. It may not sway anyone to your favor because you are nicely dressed while in court, but dressing slovenly or disrespectfully can hurt your chances of winning. Since it is easy to avoid creating a negative impression, make an effort to be properly dressed.

11. Share your thoughts with your attorney.

     At the end of the day, it is your case and as such you should share your thoughts about it. There will almost always be a time either before or during a proceeding when you can share your thoughts with your attorney. Be sure he or she understands what you want to accomplish so they can figure how best to get it for you.

12. But, let your attorney do the talking.

     There is a reason you hired an attorney to represent you. Our legal system has a complex system of rules that govern how things work. Trust in and rely on your attorney to know those rules and protect your interests. Judges frown upon client outbursts in court, and they can impact how the Judge views your case. If you keep your attorney informed of your views, they can best represent your interests.

Attorney Scott J. Hertz