Legal snooping: The loophole in Florida law?

rockin'robin

Well-Known Member
Joined
Apr 22, 2007
Messages
24,425
Reaction score
551
JACKSONVILLE, Fla. -
A Jacksonville man is warning everyone to beware of the maintenance worker. Robert Slater was stunned by what he caught a repairman him doing inside his apartment.

Gerald Bacon was in Slater’s apartment to fix a leak in his bathroom, but was caught on web cam going room to room, rummaging through Slater’s drawers. And it turns out; it was all legal, because of a loophole in Florida law.

Slater (pictured, right) says he actually thought by putting a web camera in an obvious spot for anyone to see, it would be a deterrent. He was wrong.

On the video, you can see the worker opening and closing drawers and digging through Slater’s stuff. At one point, the worker even picks up the web cam, looks right into the camera and puts it back down.

WEBCAM: Apartment surveillance video

As soon as Slater saw this, he called police. Bacon was fired and evicted. He was also arrested because Slater thought an heirloom watch was missing.

Turns out, Slater was mistaken. Since he couldn’t be absolutely sure the maintenance worker had taken anything, the charges against Bacon were dropped.

We asked the State Attorney why Bacon wasn’t prosecuted for rummaging through Slater’s drawers.

“While it is very creepy and very unusual that this man would go rummaging through drawers, we cannot prove a criminal intent to steal or do damage to the homeowner’s items,” explained State Attorney Angela Corey.

Corey adds that if something had been stolen or damaged, then Bacon could have been prosecuted, but going through Slater’s stuff is not illegal because Bacon had permission to be in the apartment. Slater had requested a repairman fix a leak inside his apartment on Hodges Boulevard.

"We would love it if the law said that if you have limited access to someone else's premises and you are found doing anything else that we could prosecute, but the law isn't set up that way," said Corey.

Channel 4’s crime and safety analyst showed me three ways to protect yourself from snooping repairmen. First, he points to personal information.

“You want to put away anything that can compromise your checking account, your savings account, anything that has numbers on it,” explained Ken Jefferson. "All he or she needs is something with your name, social security number or an account number and your ID can be compromised in a matter of minutes. What they'll do is record the information and leave it like you left it there and start using it."

Secondly, Jefferson says if it’s portable, hide it. He’s talking about things like iPads and laptops. Jefferson suggests put those kinds of items in your trunk for safe keeping that day.

Finally, we all tend to stick things in drawers and forget about them. Jefferson says know what’s there before you leave.

“Take an inventory of what you have, to know what’s been taken,” said Jefferson. This should also include any prescription medications. Pills are a common target.

Both Jefferson and Corey say the best defense is to be home when repairs need to be made in your home. If you can’t, setting up a camera is always a good idea. Jefferson says the video never lies. Another suggestion, ask the landlord you want him or her to be there, if a maintenance worker needs to come into your home.

Legal snooping: The loophole in Florida law? | News - Home
 
I would break his fu*king face if it happens to me but I won't allow it to happen because I don't trust nobody except my family. I am always home when a repairman shows up.

the best defense is to be home when repairs need to be made in your home
 
Maintenance men: Background checks not required

Florida doesn't require apartment managers to check maintenance workers' criminal history

JACKSONVILLE, Fla. -
Robert Slater’s webcam caught a maintenance worker in his Jacksonville apartment rummaging through his drawers. Slater gave permission for the worker, Gerald Bacon, to be in his apartment to fix a leak, so he never expected Bacon to be going room to room, riffling through his stuff.

Slater showed the video to police who he say then showed the landlord at the apartment community where Slater lives on Hodges Boulevard. Bacon was fired and evicted. But, the state attorney’s office dropped charges against the repairman.

“While it is very creepy and very unusual that this man would go rummaging through drawers, we cannot prove a criminal intent to steal or do damage to the homeowner’s items,” explained State Attorney Angela Corey.

Corey (pictured, right) says that if something had been stolen or damaged, then Bacon could have been prosecuted. But going through Slater’s stuff is not illegal because Bacon had permission to be in the apartment –- because he was there to fix a leak.

Corey added, "We would love it if the law said that if you have limited access to someone else's premises and you are found doing anything else, that we could prosecute, but the law isn't set up that way. "

Slater says his apartment community told him it had done a background check on its maintenance worker. We checked, too. Bacon had a few traffic offenses, but nothing that could have predicted behavior like rummaging through Slater’s drawers and personal items.

But we were stunned by what we learned about other maintenance workers. A Gainesville man was arrested two months ago accused of raping a woman after he was sent to her Alachua County apartment to fix her blinds.

We don’t know if a background check was done on Vernon Bernard Moss, but he had several prior arrests for violent behavior.

In 1993, Moss was arrested for spousal abuse. In 1994 he was arrested for battery. In 1995, he was arrested for domestic violence. He was sent to prison in 2005 for aggravated assault and felony battery.

Police say the rape victim’s three-year-old child was at home when Moss attacked her.

In another case, John Middleton is currently serving a life sentence for the 2007 murder of an elderly woman who lived in Woodlake Park Apartments in Mandarin. Middleton worked at the apartments as a maintenance worker.

Middleton (pictured, right) had a prior arrest for domestic battery. He also had a drug charge, but that was dropped. Middleton pleaded guilty to the murder telling police he killed the 80-year-old Mandarin woman to steal her money to buy drugs.

Keep in mind, apartment complexes should do their own background checks on anyone who works there to protect themselves against liability, especially maintenance workers who have regular access to master keys. The family of the elderly woman who was murdered in Mandarin in 2007, sued Woodlake Park Apartments for negligence.

When we investigated her death, State Rep. Dick Kravitz, told us, "Anytime someone has access to someone's home, there should be some sort of requirement for background checks. Because you brought this issue to my attention, I will try to make that change in the next legislative session."

I talked with Kravitz, who says he tried to make background checks mandatory during the 2008 legislative session, but says he couldn't get much support, citing lobbyists for apartment communities. There is no state law that requires it.

You should always ask your landlord if a background check has been done on workers who have access to master keys and your home. And take it one step further, you can find out a lot about someone by just Googling his or her name. That’s never a bad idea when it comes to you and your family's safety.

Maintenance men: Background checks not required | News - Home
 
Wirelessly posted

This is why I do not allow any worker in my home without me being there.
 
My son has a friend (female) who will be moving to an apartment next week with another female roommate....so I suggested to her to make sure the Manager at this apartment complex....does in fact....check out the background records of the maintenance workers....

Some do....some don't!....And believe that all anyone can do whenever they ask...is to take the Manager at their word... because these records are private and confidential...they cannot be shown to the tenants.

Good idea to keep all valuables locked up anyway....and of course, all meds/pills.
 
It looks like state legislature needs to fix to close the loophole.
 
Wirelessly posted

CrazyPaul said:
It sounds like one homeowner is not enough.
What do you mean? This thread is about the maint guy at the APARTMENT where the tenant rents (does not own).

Does not matter if you rent or own. If you give someone permission to be in your home or apt. They can not be arrested for snooping. Only if they steal something then they can be arrested.
 
It is best to own the house so I bet The Highlander will agree with me. :D
 
Wirelessly posted
Does not matter if you rent or own. If you give someone permission to be in your home or apt.
The difference between apt rental and owning/renting a house or condo is that the apt usually has it own maintenance crew who has a master key and a condo or house owner/renter (or someone else) has to be home to let a repairman (who has no key) in.

In my case, a repairman always calls to make sure that someone will be home at the time of an appointment so he wouldn't waste his time and gasoline when he comes over.
 
It is best to own the house so I bet The Highlander will agree with me. :D

Well, of course!...But many young people cannot afford a house...some people have lost their jobs due to the economy...foreclosed upon....many reasons...and 1st time apartment renters need to know about what they can expect/protect themselves....I would have never thought of this years ago when I lived in an apartment.....and visa-versa...people these days don't either.
 
Well, of course!...But many young people cannot afford a house...some people have lost their jobs due to the economy...foreclosed upon....many reasons...and 1st time apartment renters need to know about what they can expect/protect themselves....I would have never thought of this years ago when I lived in an apartment.....and visa-versa...people these days don't either.

I don't know about how bad is apartments in Florida but you would surprise about many apartments in my state is known as high crime, no matter if it is new or nice looking, also it is bad in Atlanta too, unless you live in expensive apartment with security fence or luxury high rise.

For me, I dislike to live in apartment and will avoid as possible but own the house isn't expensive in Alabama, however live under poverty isn't fun at all.
 
Back
Top