LDP Industry Regulation
by FALDP Staff
From a business standpoint, in general, I believe that the less governmental interference the better. I am all for laissez faire.
Let the marketplace decide whether a business or businessperson is worthy of being and staying in business.
I prefer the least number of officials as possible telling me how to run a business. Many people do not realize that there are all types of minimally regulated businesses legally operating in America.
I owned and operated a masonry construction business for many years. I was licensed with no more than an occupational license, to pour driveways, foundations, and patios; and lay block up to three stories high.
We were required to comply with all applicable codes, and carry a million dollars worth of liability insurance. But, I never once had to prove to anyone, other than my customers, that I knew the first thing about masonry work or construction. Surprising.
Florida has just now, as of March 1, begun to regulate Home Inspectors, although most consumers assumed for years that inspectors were required to be licensed by the state. The home inspection industry in Florida evolved over the years.
Fifteen years ago a home inspection was an occasional optional procedure for home buyers; and now it is mandatory for anyone trying to buy a home and expects to have a mortgage.
The Double-edged Sword of Regulation
Government regulation of any industry, is (borrowing a legal phrase) a double-edged sword. More government regulation may prevent unscrupulous actors from damaging consumers and their pocketbooks.
Consider the mortgage modification companies. Some of those companies actually helped consumers negotiate mortgage modifications; but many others took the money and did nothing.
At the same time as business regulation protects consumers, that regulation can sometimes be invasive and cumbersome to business owners.
Once an industry is formally regulated there are licenses to acquire; certificates to earn; and continuing education units to complete. Along with each of those, comes a set of documents, forms, and procedures. To be or not to be regulated is a balancing test.
One of my strongest arguments in favor of some sort of regulation is that industry standards and regulation will keep the cowboys out.
The cowboys, the bad actors, the hit and run business owners in for a quick buck, with little or no education, skills, or scruples. Too many of them will damage the public's perception of an industry. Think used car salesman.
Legal Document Preparer Regulation
On the other hand, if legal document preparers were regulated, who would do the regulating? As it is, the Florida Bar regulates lawyers and enforces the unlicensed practice of law.
And in theory, providing legal document preparers are diligent in avoiding even the appearance of practicing the law without a license, the Florida Bar has nothing to do with legal document preparers.
Should legal document preparers be regulated by the state of Florida through the Department of Business and Professional Regulation?
Through the Florida Bar? The Supreme Court? Should we be regulated through some other entity?
What do you think?
Should legal document preparers be regulated? And, if so, by whom? We welcome your comments.
FALDP Contact Information: Tel – (727) 344-9240
Fax – (888) 840-4934
Email – staff@faldp.org
