The Florida Intrastate Transportation Alliance

SIX!

What Kind Of Lunacy Is This?

The Number Of Tampa Licenses & Vehicle Permits Intercounty Motor Carriers Need Just To Enter Tampa & Load Chartered Passengers At The Interstate Hubs For Transfer To Home County!

The Cost?

$5,000 per HCPTC Certificate!

$500 per HCPTC Vehicle Permit Annually! 

Don't Forget Those

TIA & Port Stickers Too!

Why?

 Because Tampa's Local Cab & Limo Companies Want The Rides From TIA To Hernando & Sarasota! 

Chrysler 300, Grand Marquis, Mini-Vans, Hybrids

Some Of The Moderate Priced Vehicles Prohibited For Use By Intercounty Motor Carriers In Transportation From The Interstate Hubs In Tampa  To Outlying Counties

Why?

The Tampa Taxicab Lobby for One!

Limousine means ANY motor vehicle for hire not equipped with a taximeter, with a capacity for 15 passengers or less, including the driver

Section 3 ( 17 ) ch 2001-299 Laws of Florida

HCPTC Rule Definition Of Limousine Which Expands That Given Under Law Now Being Challenged In Federal Court By FITA Member   

 Tampa Cabbies Present Commission With Petition To Restrict Limousines From Other Counties Operating With The Stream Of Interstate Commerce From Entering Tampa & Forcing Non-Residents To Use Tampa Cabs From Ports Of Entry To Home County! 

True Patriots Challenge Authority

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Facts & News

Turning The Lights On The Cockroaches

Tampa's Limo Gestapo (Hillsborough County Public Transportation Commission) Charges Tallahassee Based Motor Carrier With Misdemeanor Criminal Violation For Loading Passengers At The Tampa Cruise Ship Terminal He Initially Transported In

Loading passengers at Tampa's Cruise Ship Terminal for transport up to Tallahassee, the intercounty motor carrier was charged with violating ch2001-299 Laws of florida whereas the florida Legislature has required all motor carriers operating certain passenger capacity vehicles including small buses to obtain a certificate of public convenience and necessity as well as other licensing before operating the vehicle on the highways of Hillsborough County. This licensing applies to not only Hillsborough intracounty operations but also those motor carriers solely engaged in intercounty transportation.

This provision of law is not only supported by Hillsborough based Legislature membersbut also other state politicians such as Pinellas based Jack Latavala & Hernando County based Rob Schenck.

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Federal Appeals Court Ruling Places Miami Shuttle Operations Under US Department of Transportation

The 11th Circuit Court of Appeals has ruled that Miami Shuttle Drivers transporting passengers within the State of Florida in 9-10 passenger vehicles are not entitled to overtime pay predicated on the ruling thatthe shuttles are operating within the stream of interstate commerce and that the motor carriers fall under the regulation of the Secretary, US Department of Transportation.

Next step with this ruling is to seekprohibition of localauthorities from regulating motor carriers regulated by afederal agency.

http://op.bna.com/dlrcases.nsf/id/kmgn-89jm3k/$File/abelflsa.pdf

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HCPTC Failure To Abide By Its Statutory Mandates Helping Put Out-Of-County Limo Operators In A Hole

Level ThePlaying Field

Chapter 2001-299 L.O.F. mandates that the HCPTC SHALL regulate public vehicles operating on the public highways of the county. So why is this administrative agency "cherry picking" who they will regulate?

Limo Operators outside of Hillsborough who are licensed by the HCPTC, must submit to all of the economic regulations just to be able to "pick up" their customers arriving at Tampa Internationalmust compete with limo ops & taxi cabs not burdened with the economic regulation.

Demand that the HCPTC stop unlawfully allowing unregulated VFH into Tampa or for the HCPTC to stop regulating limos simply providing intercounty transportation.

One or the other

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FITA Group Initiates Law Change

HCPTC Agency Rules Can Now Be Challenged Through Division of Administrative Hearings

Moshe Leib & Walt "Gunny" Kozak works JAPC inspired bill through Tallahassee & securespeoples rights to challenge illegal rules of the Hillsborough County Public Transportation Commission through DOAH.

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Division of Administration Judge KilbrideRules That DOAH has no Jurisdiction to Hear HCPTC 900% Fees Increase Rules Challenge

Applying some Bullshit Opinion that eventhough the HCPTC is mandated under law to adopt rules in conformance with the Administrative Procedures Act doesn't mean the HCPTC is subject to this Act, Judge Kilbride of DOAHgranted the HCPTC's Motion to Dismiss under a no jurisdiction claim.

With another claim waiting for adecision from another Judge in progress, the fees dismissal willnot be appealed nor challenged in Circuit Court.

The current case being considered also brings into play that the HCPTC must conduct variance and waiver hearings in accordance with the APA and persons aggrieved by final agency action must seek judicial review through District Courts of Appeal IAW the APA.

Predicated on numerous Court rulings that only individuals aggrieved by agencies subject to the APA can seek Judicial Review through DCA,a dismissal under the same bull shit pretense will immediately be appealed.

The new price tag for applying for HCPTC licensing is $5,000 per certificate plus all of the additional licensing & permit fees

Anyone with the balls to take it into Circuit Court can contact the Gunny for a rough complaint

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HCPTC Rule Definition Of LimousineBeing Challenged Before The Division of Administrative HearingsAs An Unlawful Exercise Of Delegated Authority

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Adventura Worldwide Subpoena's GunnyTo Give Deposition In Connection With Its' Lawsuit Against Aventura Limousine Tampa

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Florida Limousine Association Infighting

All does not seem well in Paradise as reports of infighting errupting over the direction of Miami based and former LCT association of the year recipient, theFlorida Limousine Association.

With a base strong enough to influence the Florida Ground Transportation Industry at the State level, the FLA has maintained its influence only in the southern part of the state and its demise is of little impact as a whole.

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Don't Give Up Your Hard Earned Dollars To TheTampa Limo Gestapo Thieves

Before Reading

"Fighting HCPTC Citations"

How much money have these Scumbags stolen from unsuspecting motor carriers?

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Tampa's Taxi Cab & Limousine Regulator Violating State Law

The HCPTC'S gun-toting Inspectors utilize unmarked police style cars with Blue Lights which are prohibited under Florida Statute for any vehicles other than Law Enforcement Agencies & certain Correctional Agencies.

Once again, this administrative government entity oversteps its statutory authority.

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Florida LegislatureEnacts Law WhichProvidesNo DoubtThat The HCPTC Is An Agency Under The Florida Administrative Procedure Act (APA)

The Florida Legislature has passed a bill which in part amends &clarifies the statutory definition of agency which includes:

"Each officer and government entity in the State having jurisdiction in one county or less than one county to the extent they are expressly made subject to this act by general or special law"

Despite its regulations having impact on all motor carriers and the traveling public statewide, the HCPTC heavily relies on its status as an Independent Special District confined to Hillsborough County in its attempt to Dismiss Out Rules Challenges brought before the Florida Division of Administrative Hearings (DOAH).

The crux of the HCPTC'sargument being that the HCPTC is not an agency because its regulations supposedly is confined to Hillsborough & therefore DOAH has no jurisdiction.

With its Special Law Chapter 2001-299 Laws ofFlorida peppered with references to the APA including a mandate the HCPTC "shall" adopt rules in conformance with the APA, the HCPTC has been expressly made subject to the APA by an act of the Florida Legislature.

This is an important matter as it provides the citizens of this State with a tool to have the HCPTC's unlawful rulesexamined by an Administrative Judge.

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National Limousine Association Annoints Ron Sorci of Aventura Worldwide In Miami As President Of The NLA

Miami Florida, land of some of the most restrictive, anticonsumer limousine regulations in the US and home to Ron Sorci,Aventura Worldwide.

Despite no recordings of Sorci advocating free market entry, loosening of taxi cab protection pricing controlsimposed on the consumer or any State level action to ensure the safety of all patrons of limousine services throughout Florida, the National Limousine Association has bumped Sorci up from Director to President of this NationalAssociation.

So far Sorci has not demonstratedany vision nor voiced anyplan of actionwhich would alleviate the multiple licensing strangeling the ground transportation market in Florida which restricts consumers right of travel and choice of motor carrier.

Sorci's annointment must be viewed more of another move to promote Aventura Worldwide above improving the limousine industry in Florida as well as the rest of the Nation.

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Tampa Taxicab Drivers!

Stop your whining about Town Cars taking business from you & do something about it!

Get hold of Nancy Castellano, Minardi or taxicab spokesperson Charles Smalling& have them demand that the PTC adopt NYCTLC type permitting requirements.

Tier 1 Permit

If a limo operator wants unrestricted access to Hillsborough Customers, that Operator must be based in Hillsborough & the Operator &must prove "need & necessity" to operate in Hillsborough County in accordance with the law.

Tier 2 Permit

All Out-Of-County Operators will be restricted to intercounty prearranged transportation only.

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Florida State AdministrativeCommittee Takes A Look At HCPTC Rules

The Hillsborough County Public Transportation Commission, long known for adopting agency rules in violation of law has finally had their rules reviewed by the Chief Attorney of the Joint Administrative Procedures Committee (JAPC).

The mission of the JAPC is to ensure that no unlawful rules are imposed on the people of the State of Florida and without doubt, the HCPTC has been imposing rules upon the people which violate Florida Law.

Without rendering a verdict ofguilt,a 2 1/2 page letter from JAPC to the HCPTC wasadvisory in nature which pointed out that "definition" rules enacted by the HCPTC are used in a wayto "change legislative definitions". The HCPTCis reminded that it "does not have the authority to amend the Act or modify statutory provisions".

JAPC recommendations include that the HCPTC should review its' rules in the entirety and "identify any rule language that varies even slightly from the statutory language and initiate rulemaking to remove the improper rule language".

With authority provided for in statute for JAPC to sue in the name of the People, the letter ends with a possible warning shot, "In short, it would appear that the HCPTC's rules include some improper and confusing provisions that could confuse the citizens of Florida and lead to unnecessary litigation"

We of the FITA are not confused that the rules of the HCPTC violate the law and impose unlawful hardships upon the people of this State and these rules will either be modified to be in compliance with the law voluntarilyor under order of the court. The choice is up to the Commissioners.

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LCT Magazine's LimoCentric BlogEditor Celebrates Tampa Bay Limousine Operator's Court Loss For Right To Augment His Fleet With PRIUS HybridAs An ConsumerAlternative To High Cost Luxury Transportation

Follow Link For Reaction:

http://www.limousinesonline.com/showthread.php?p=59409#post59409

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Florida State Senator Mike FasanoSupports Tampa's Limo Gestapo Tactics

Multitudes of correspondence imploring Mike Fasano to step up to the plate & curb Tampa's Limo Gestapo from imposing its unconstitutional regulations upon Fasano's constituents is met with silence.

Private Citizens must seek justice through Federal Courts due to Fasano's inept performance as an elected official.

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Tampa's Limo Law Blocks Interstate Road Access

Need transport for 10 from St Pete to Port Canaveral?

Better make sure the motor carrier you're chartering has Hillsborough County Public Transportation Licensing.

Under Chapter 2001-299 Laws of Florida, any motor carrieroperating his public vehicle on the highways in Hillsborough County must be licensed by the HCPTC or be subject to criminal charges & no exemptions are provided.

So if that small bus chartered to transport thegroup from Pinellas to Port Canaveral needs to pass through Hillsborough......

Just another example of the fine law making performed by the morons of the Florida Legislature.

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HCPTC'S Cesar Padilla's Failure To Enforce The Law Brings Hardship Amongst Tampa Limo Operations

1/28/2009

Tampa's Limousine Operations already hit hard by the economy seems to be destined for another economic blow during Super Bowl with the HCPTC'S Failure to enforce its' statutory mandates & allow mega limo giant Carey International to suck transportation dollars out of the local economy. All with the help of the Tampa Super Bowl Hosting Committee's exclusive websiteadvertising of Carey.

Promises by Victor DiMaio during a Delegation hearing held in December 2007 that local limousineswill have plenty to eat during Super Bowl is so far proving to be another falsehood.

Local limousine operators are either experiencing slow bookings if at all with one even offering up their Gameday Parking Passes.

In the meantime, Carey International Drivers have been spotted at the airport sporting no public vehicle driver's licenses and loading passengers into non-fleet vehicles.

After the smoke clears and damge can be accessed, we will seek limousine operators to join in a class action lawsuit for damages against the HCPTC & the Tampa Super Bowl HostCommitte.

In addition, ifstrong evidence shows that Carey'slocal affiliate LimoSouth deployed drivers not licensed as mandated under law, a criminal complaint will be filed along witha demand for revocation of operating authority.

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Miami's Aventura Worldwide Files Lawsuit AgainstTampa Business

Lays geographic claim tojurisdicition not authorized to conduct limo operations in

Aventura Worldwide Miamiwhose CFO is newlyElectedNational Limousine Association President Ron Sorci, files in court records that a smallTampa business using a similar name somehow infringes on Aventura's established trade name and as such is seeking damages.

Limo giant AventuraWorldwide is based in Miami and not licensed to conduct business in Tampa pursuant to state law, the complaint alleges economic damages caused a small operator's website advertising Aventura Limousine Tampa.

In the Complaint, Aventura alleges that ithas acquired a reputation for excellence citing it being awarded LCT's 2008 Operator of the Year with an impression that the award given is some great feat to achieve.

NLA Member LCT Magazine, owned by the NLA's managing team of Bobit Publishingcoupled withSorci'saffiliation with theNLA & the fact that company's submit their own application for this award leaves little to the imagination how Aventura was awarded this title.

The court documents also try to add some miraculous added achievementto this award by falsely presenting to the Court that this award is given from a group of 10k transportation companies whereas submissions are primarily received from a percentageof the approximately 2,000 NLA members of which few participate in this process and the applications are subdivided into4 different categories based on fleet size. In all likelyhood Aventura Worldwide's51+ fleet vehicle competition may have been limited to a dozen or so applications to choose from and asignificant countfrom the 10k used in an attempt to sway the Court's Opinion.

With an approximate 300 mile spread between Tampa & Miami, theclaim to the Court that the Defendant continues to use the name Aventura Limousine in the same geographic area as Aventura Worldwide, Aventura Worldwidealleges that this Tampa based business is continuing to solicit their customers in an area Aventura Worldwidehas no legal authorityto operate limousinesin pursuant to Chapter 2001-299 Laws of Florida.

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Why Did Tampa's Limo Regulator Raise Application Fees to More Than $10,000?

"The rules workshop scheduled for November 7, 2007 is a directive from the PTC Board and is aimed to toughen the requirements which are in place for a new certificate"

Cesar H Padilla, Interim Executive Director, HCPTC

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Hillsborough County Public Transportation Commission Agency Rules Which Enlarges, Modifies or ContravenesEnabling Legislation

• Definition of Limousine*
• Definition of Operating in the County
• Limited Certificate Classification
• Non-refundable Application Fees
• Using high fees** as mechanism to inhibit applications & provide economic protection for licensed businesses

After determination of if the DOAH has jurisdiction to hear rules challenges FITA Members will file additional challenge to rules in appropriate forum

* Before Federal Court

** Before Division of Administrative Hearings

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Constitutional Challenge To Tampa's Limo Law In Federal Court

Walter Kozak, Represented by Attorney Luke Lirot has filed a federal complaint charging that Tampa's Limo Law, Chapter 2001-299 Laws of Florida violates theInterstate Commerce Clause of the US Constitution.

Tampa's Limo Law prohibits any sedan, stretch limousine and small bus from entering Hillsborough County unless the motor carrier submits to Tampa's Limo Regulator's extortion tactics.

The laweffectively blocks access to the regional interstate transportation hubs as well as blocking passage through the county during a multiple county or state transport.

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HCPTC Lobbyist Victor DiMaio Jams State Representative Michael Scionti Times 2!

Read More Under Victor DiMaio Page

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Tampa Transportation Regulators Engaged In Interstate Highway Robbery

After paying initial licensing fees in excess of 10-thousand-dollars, intercounty motor carriers must also fork over hundreds of dollars to the Tampa Airport & Cruise Port bringing total annual vehicle permitting fees to over 1-thousand- dollars per unit. This figure does not include annual licensing fees exceeding $600.

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Florida State Representative Michael Scionti Sponsors Local Bill Which WillLimit Citizens Options To Seek Redress Of Rules Enacted By The HCPTC

Scionti has been tapped to sponsor the HPTC's local bill to amend its' enabling statutory requirement to enact rules in conformance with the Florida Administrative Procedures Act.

Removal of this important protection mechanism that allows personsharmed by the actions of this rogue entity to seek Administrative Review by the Division of Administrative Hearings will result in the Citizens of Florida having no other options other than the expensive route ofseeking redress through the civil circuits.

This action by Scionti is deemed failure to look out for the consumers and businesses of this State.

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Hillsborough County Public Transportation Commission PlansTo Control New Market Entry By Increasing Licensing Fees By $10,000

Under pressure from the Tampa Taxicab Lobby to limit the amount of limousines entering the transportation market the HCPTC plans to raise the cost of licensing by approximately $10,000 for motor carriers utilizing limousines & small buses.

This increase in fees will not only apply to limousine companies based in Hillsborough County but also to the motor carriers located in approximately 10 other counties providing transportationfor their local people to and from Tampa Airport & the Cruise Ship Terminals.

The raise in fees will result in virtually no new market entrants creating a monopoly condition that will result in degraded service and increased costs for the consumer.

FITA has sent notification to all Florida Legislatures representing Constituents outside of Hillsborough.

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HCPTC Interim Director Cesar Padilla Passes Bum Scoop To Florida Legislature Inquiry

Cesar Padilla, holding the job of Interim Director due to his lack of education to officially assume the reigns as Executive Director responds to an e-mail inquiry sent by Candace Hundley, Director of the Office of the Hillsborough Delegation with a falsehood.

Padilla responded to a question with the answer that, "the certificate holderholder may sponsor another company and obtain temporary permits for those vehicles under the current certificate holder's certificate".

NO written legal opinion has been issued on this subject & this answer clearly violates State Law which reads that any person desiring to engage in the business of operating a public vehicle in Hillsborough County must acquire a CERTIFICATE before doing such.

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HCPTC'S Standard Motion To Dismiss Counts Ignores Federal Preemption Claim

In its' Motion to Dismiss various Counts of Gunny's federal lawsuit, the HCPTC ignored Count I charging the HCPTC with violating the Federal Authority Over Intrastate Transportation Act contained under Title 49 USC.

Gunny's legal team has responded to attempts to dismiss the other 4 counts & feel confident that they will prevail. Within the other 4 Counts are allegations of antitrust violations, unequal application of law,Constitutional challenge that the law violatesthe Interstate Commerce Clause & unconstitutional arrest.

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FITA To Seek Florida Attorney General Investigation Of HCPTC, Greg Cox, Tampa Super Bowl Committee, Hillsborough County Attorney's Office, State Attorney Mark Ober,Victor DiMaio& Commissioner Kevin White

For In Part; Conspiracy To Violate Chapter 2001-299 Laws of Florida, Criminal Coverup, Malicious Prosecution, Making False Statements To Public Officials& Accounting Fraud

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Where Did The HCPTC'S Money Go?

Prior to quiting in lieu of being fired, Greg Cox was reporting a reseve fund of some $800 thousand dollars.

Audits since his departure show approximately $400 thousand dollars in the HCPTC reserves!

Where's the money? That is the question FITA Malcontent Moshe Leibwants to know.

So to find the answer Moshe contacted ReporterMike Deeson:

www.tampabays10.com/money/costing/story.aspx?storyid=87904&catid=34

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Hillsborough County Public Transportation Commission Chairman Under Corruption Scrutiny Again

Once again Hillsborough County Commissioner who Chairs the HCPTC is in the Headlines concerning another corruption scandal

www.tampabay.com/specials/2008/reports/cox-white-corruption/

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Orlando Joins Tampa In Denying Motor Carrier Operating Within The Stream Of Interstate Commerce Use Of Fuel Efficient Vehicles

Vehicles Luxurious Enough To Haul Top Executives In NYC & The Stars In LA Are Not Good Enough For The "High Class" , How Much Do You Charge To The Airport, Residents Of Orlando

Head Up The Ass, Terrorist Supporting Florida Governor Charlie Crist Can Preach Green All He Wants But His Cities Are Not Listening

www.orlandosentinel.com/community/news/ucf/orl-green1408jun14,0,6119205.story

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West Florida Livery Association Descends On HCPTC Public Meeting To Oppose New Market Entrants

During the 13 February 2008HCPTC Public Meeting the following WFLA Members appeared before the Board to voice opposition to new market entrants applying for licensing

Dave Shaw - Paradise Limousines* & President of the WFLA

Jake Piascik - Dream Limousine & V.P. of the WFLA

Rocky Shirey - representing Julie Herring of Julie's Limousine & Coachworks*

During this meeting Rocky Shirey voiced opposition to the following applicants:

All Gulf Coast

Black Pearl

5Star

Grand Dames

Jake Piascik opposed:

Kings Executive Limousine represented at the meeting by Attorney George Werner

Below is a link to the minutes of this meeting whereas several limo toughies joined forces to invite a licensing denial frenzy by the HCPTC Board as well as Shirey's numbers in an attempt to mislead the commissionby leaving out of his economic protectionism speachthe important FACT thatthelimousine figures presented represents at a minimum, 10 counties:

www.hillsboroughcounty.org/publictransportation/resources/publications/minutes/2008/021308.pdf * Pinellas County based businesses

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FITA Receives Call Demanding The Removal Of Death Announcement Of Julie Herring

On 22 June at approximately 12n a call was received from an individual claiming to be Rocky Shirey an employee of Julie's Limousine utilizing telephone number727.235.2792 .

This caller demanded that the post regarding the death of Julie Herring be removed under a claim that the information provided along with her actual deathwas not factual.

With the bulk of the information posted being derived from public record regarding Shirey's appearance before the HCPTC Board to voice opposition to new market entrants of whom at least 2 had to hire attorneys to fight for their rights,it was asked of this caller to point out specifically what information was not factual or could be proven to be ficticious.

The caller could not give a specific and reassertedhis demand that the entire posting be deleted or he would take action to force the removal.

Unlike this caller who has no legal standing, anyindividual with a "Legal Standing"is more thanwelcomed if not encouraged to initiateaction to remove contents off of this website they find offensive or inaccurate.

The FITA Website's primary mission isto educate the public & hold those who seek to deny individuals oftheir basic Rights Of Liberty accountable for their actions.

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