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Dept of Business and Professional Regulation

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Regulates certain businesses and professions
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More on AB&T
In 1995 AB&T added several layers to its management
structure in all three of its bureaus. The rank structure in
enforcement shifted at least one grade higher. Licensing created
additional district level positions. Auditing added a layer of
supervisors to each of its four south Florida field offices and
another layer in Central Office.
After shedding personnel for the last four years AB&Ts personnel
structure no longer supports the current management scheme. For
example, the Department of Management Services rules require a
Senior Tax Audit Supervisor to supervise at least two Audit Group
Supervisors or one Audit Group Supervisor and a Tax Auditor in a
satellite office. The field offices each have only one Tax Audit
Supervisor and all the satellite offices have been closed. There is
no basis for these positions yet they continue on. I estimate that
redundant management cost the state in excess of $ 1,000,000 per
year.
To correct this problem an outside agency should review from top to
bottom the AB&T management structure and determine that each
position is justified under Department of Management Services Rules.
The failure of AB&T to collect interest and penalties as required
by statute.
Florida statute 210.02(6) requires AB&T to collect interest on
cigarette excise tax audits. They don't. Florida statute 210.55(6)
requires AB&T to collect a 10%, 25% or 50% penalty on Other Tobacco
Product excise tax audits. They don't. I estimate that the failure
to enforce these two statutes cost the state in excess of $
1,000,000 per year. The Department should begin to immediately
enforce these statutes.
The failure to track audits and manage audit inventories.
There is no program in Central Office Auditing to assign and track
audits at the district offices. As a result major wholesale
licensees can get years behind in the audit cycle. After three years
the licensee is no longer required to maintain records and the
statute of limitations expires on this period of the audit. When
auditors leave the department, their inventories of surcharge audits
sit in boxes until the half done audit files are eventually trashed.
The state's investment in auditor time and the audit tax liability
are gone. Audits transferred to other district's enforcement offices
go missing when the enforcement agent transfers out. Audit
supervisors let audits sit on their desks for months before
reviewing them while the statute of limitations clock, but not the
interest clock is ticking.
The Office of Program Policy Analysis and Government Accountability
prepared two reports on AB&T, reports 96-62 and 98-80. Both these
reports cite a lack of standardized policies and procedures as a
reoccurring AB&T problem. I estimate the lost and missing audits and
the lack of a centralized tracking system cost the state $ 1,000,000
per year in lost revenue.
Salaries
Most employees of AB&T spend their entire careers at the minimum of
the salary range. An exception is made for three types of employees.
First, bad management has a reciprocal mechanism to recommend and
justify salary increases for each other. Second, bad management
justifies pay increases to their favored employees. Third is to
provide a sterilized form of hush money to cover-up management
misdeeds.
In private business there is pay for performance. AB&T has
completely decoupled pay and performance. Supervisors make 20%+ over
the minimum salary while the offices they supervise are documented
disasters!
The old adage - follow the money - holds true here too. To correct
this an outside agency should review all AB&T salaries that are 20%
or more over the minimum. Travel and per diem should also be
factored in. Then adjust them accordingly. I estimate that unearned
excess salary cost the state over $ 200,000 a year.
....me again, 4/30/03
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It's finally decided, the licensing personnel at the
Division of Alcoholic Beverages and Tobacco are to be given the
change to reapply for their own jobs. One supervisor said
"Good, now we can get rid of some people we don't like!"
The chances of any AB&T firing / rehiring process being fair and
unbiased are between zero and none.
Bad management will get rid of the few remaining competent workers
and get to remake the division in their own image. The only
good news is that management will have to live with this
organization until Jeb finally gets rid of them too.
...John Smith
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About two year ago Tallahassee Central Office (TCO) and the field
office supervisors for AB&T started the point system. They
designed a system to assign a point value from 1 to 5 to each audit.
Auditors would be required to make at least 12 audit points each
month to meet standards. As with so much else the division
does, what was supposed to be very good instead became very bad.
The idea of a point system was doomed right from the start.
You would think that the best and the brightest auditors would be
promoted to supervisor and senior management - and you would be
wrong. There is an active mechanism at work in the division to
insure that only the least capable people are promoted to
management. This topic will be addressed in another letter.
The result showed that the designers of the system didn't really
understand the audit work or realistically assign a point value to
the audits. The system was designed to fail.
After designing a poor system, management then failed to implement
it properly. Each year employees sign a RAPP form. This
form is a job description, based on state standards, which is a
contract between the Department and the employee on what the
employee must do and how he or she is to be evaluated. The
RAPP form provides a completely different standard from the point
system on what work an auditor must do. So while management tries to
use the point system to beat auditors over the head, the contract
which management signs each year requires the auditors to be
evaluated under a completely different system.
Shortly after starting the new system, management found things to
love in it. Its bad design produced anonymities, which the
supervisors could exploit for their own ends. The supervisors
for their own benefit could manipulate the new point system.
For example, a very large wholesale distributor may require hundreds
of man-hours to audit. The point system assigns this audit the
maximum value of 5 points. A distributor with no activity (a
zero audit) requires about thirty minutes to change the company name
and date on the audit program, hit the print button to print up all
zero work papers, and then staple the papers together. The point
system assigns this type of audit 1 point. In no time, everyone
realized that it was much easier to make five points doing five zero
audits or simple surcharge audits, than to make five points auditing
a large wholesaler.
Supervisors quickly learned how to exploit this system.
Because the supervisors control the work assignments, they assign
employees they like zero audits and surcharge audits. The
favored employee can easily make 20, 30 or even 40 points a month.
Those employees the supervisors don't like are assigned the very
large wholesale audits. Work as hard as they like, they will
never reach the required 12 points.
By controlling the audit assignments, supervisors then manipulate
the points employees receive as a basis for promotion and
recommending bonuses for employees they favor. They can also
manipulate the system to insure that employees they don't like never
meet standard.
Supervisors also love the point system to camouflage falling revenue
and production. The field offices can report to the central
office that they did hundreds of points worth of audits. They are
producing more points each month with less people. They hope
that the large point total will cover the fact that the majority of
the audits are worthless and that real revenue and production is
going down every month.
Central office loves the point system too. They can pretend to
believe that the field offices are producing work. They can
tell the Secretary and the legislature that AB&T is more
productive than ever, when this is not true.
The point system also allows supervisors to cover the management
failings at the district field offices. A good supervisor
understands the work that his office must do. He will insure
that the most important work is given priority. He makes sure that
his auditors are efficiently and effectively employed on the most
important audits. Bad supervisors use the point system to run
their offices on autopilot. They don't understand the work,
they can't manage and they can't prioritize. The audit staff chases
points on their own while real audit production grids to a halt.
The Negative Impact of the Point System
The point system creates the illusion of production but actually
does quite the opposite. The field offices turn in more points
each month, but fewer dollars. Some district offices have
started auditing tax paid accounts again, which the Department
stopped auditing in 1994 because there is never any money involved.
Yet the supervisors have assigned these worthless audits a point
value, and auditors do them as desk audits to make easy points.
Auditors now delay, sometimes indefinitely, the audits of large
wholesale distributors to pursue worthless zero and surcharge
audits. Four years ago, all wholesale audits were suppose to
be finished and in Tallahassee within 90 days of the inventory date.
Now many district offices have large wholesalers who have not been
audited for over two years. When the delay hits three years,
the licensees no longer have to maintain their records, and there is
no longer any audit tax liability to the Department. This is
one reason for declining revenue in the Department.
Audit quality has also declined, partly as a result of the point
system. I will address this topic in a later letter.
Many of the surcharge audits are done as “desk-audits” in which
the auditor never has to leave the office. Because they are
based on distributor reports and not a complete set of records, many
of these audits result in credits. The district supervisors
like this because no licensee will complain to Tallahassee about a
deficient audit if the result is that they get a credit. After
all, it’s not the supervisor’s money. This easy credit
policy is another reason for declining audit revenue.
The point system also works to undermine teamwork in the field
offices. For example, when two or three auditors are assigned
to audit a very large wholesaler, invariably at least one of the
auditors will delay, using his time instead to make easy points.
The other auditors can’t finish their parts of the audit without
the third auditor’s part. Office friction results.
Solutions
The point system should be stopped immediately. Tallahassee
should order the field offices to do the largest, oldest and big
dollar audits first, and not to turn in any more worthless zero
audit, desk audit, or surcharge audits until they are caught up. The
personnel department should explain to the district audit
supervisors that the current RAPP form must reflect the current
evaluation standard. Audits must be centrally tracked and
assigned on a fair and equitable basis. This issue will also
be addressed in a future letter.
.... point buster, 2/2/03
Top
Once again, AB&T is sending in the
consultants, to help the Department develop best business practices,
take advantage of synergies, or position us on the information super
highway. The state should save its money. The real
failure at AB&T is the leadership, especially the district
auditing supervisors. Until new competent people are in
charge, any changes made by the consultants will be meaningless. You
can't make a silk purse out of a sow's ear.
...Ben There; 2/3/03
While the Department Secretary tells the indians
who have been working at 15+ years at the very bottom of the pay
range that they may have to reapply for their jobs, the AB&T
bureau chiefs reward Senior Tax Audit Administrators with 20% pay
raises and lavish travel / per diems. It's time the secretary
looked at who is paid what and who actually does what. When
you want to make cuts, start at the top!
.... one of the indians, 12/05/02
DBPR secretary wants to reach
out and touch you!
Alert AB&T employees. The Secretary and her
cronies are phoning various state offices posing as members of the
public to test how employees answer the phone and their
knowledge. The fact that neither she or her minions have
bothered to publish any guidance or provided any training for
employees has stopped her in her know nothing quest to test
employees.
I would like to phone secretary Kim B-S and ask her a
few questions like 1) How does it feel to be the second worst
secretary in the department's history [Cynthia Henderson being the
all time heavy weight champion]? 2) How does it feel to be
part of the most corrupt administration in the state's history? 3)
Who is going to clean up the mess left by you guys when you leave?
4) and do you know the way to the unemployment office when Florida
smartens up and gets rid of Jeb!
...danger, 10/23/02
Top
It seems like every month now we get to hear that
maybe in the next few weeks we may have to rebid on our jobs.
The department seems to deliberately keep people on the edge and
frightened for their future by playing this cat and mouse game. I
think the department want to get people to quit rather than pay
unemployment. There is a deep anger among the surviving work force
like I've never seen before. Everyone is pissed at everyone
else. Just seeing the supervisor's face every morning makes the office
sick. Everyone wants to get back at the state the only way they can,
ie minimal effort in everything they do and make sure you do nothing
that will benefit the department unless you are absolutely forced
to.
The good employees have left or are just hanging on a
few years until retirement. The damage done to the DBPR in four
short Jeb years will take ten post Jeb years to correct.
....Hunker Down, 10/23/02
Top
Government's
available through the Internet
Re: "Florida should be responsive to its customers" (Letters,
June 24).
When Gov. Bush came into office, he inherited a house full of
inefficiency and bureaucracy. However, under his leadership and with the
support of the Florida Legislature, we are finally streamlining the
endless bureaucracy that state government is traditionally famous for and
focusing on customer service more than ever before.
The Department of Business and Professional Regulation has been
undergoing a massive re-engineering and technical project that is changing
the face of government service forever. More than 800,000 licensees have
now been moved into a single licensing database that replaces more than 60
separate, antiquated systems. Licensees can now apply online, renew online
and update account information online.
For the first time, customers have 24-hour access to DBPR seven days a
week.
Changing the way we have operated for years is no small task, but I can
tell you that we have remarkable tangible results thus far and are
confident that under the leadership of Gov. Bush, the best is yet to come.
KIM BINKLEY-SEYER
Secretary, Department of Business
and Professional Regulation
.... letter to Tallahassee
Democrat, 6/26/02
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The Division of Alcoholic Beverages and Tobacco auditing is a Potemkin
village. The agency has set low standards for the quality of its
audits and then fails to meet them. Audit quality and integrity
have hit rock bottom and are starting to dig!
To meet numbers the supervisors have stopped auditors from doing the
compliance part of the audit. Each audit has a memorandum
attached which states that due to personnel shortage and the fine job
that the agency was doing in the past, that AB&T can
"temporarily" suspend the compliance part of the audit.
This lets the supervisors report to Tallahassee that they are doing
more audits fast when they are really doing half audits half assed!
Millions of dollars go uncollected because of criminally negligent
auditing.
Apparently someone forgot to tell the Department Secretary what a
great job of compliance AB&T does. She identifies compliance
as the area that needs most improvement in the five year plan the
Department posts on its web site. The plan shows compliance at
69% in base year 1999 - 2000 with a promise to raise it to 80% within
the next year. Well according to your district supervisor
and auditing bureau chief you've already arrived!
The Department is a Potemkin village. Its shabby facade hides a
totally empty interior. In four short years the department
leadership has run this agency into the ground. There is no hope
of it recovering. It is riddled with total incompetents from top to
bottom. As stated in another message the department's functions
should be given to other more competent agencies and the current
management be given the opportunity to experience the fun of bidding
for their own jobs!
....Potemkin, 6/26/02
Top
DBPR's Division of Alcholic Beverages and Tobacco is a shell
agency
All the king's horses and all the king's men can't put AB&T back
together again.
The DBPR's Division of Alcholic Beverages and Tobacco is a shell agency.
It has had an unofficial hiring freeze for over two years. Bad
management has driven most of the good employees away. The
organization today is beyond hope. The enforcement personnel
should be sent to FDLE, the auditing and licensing to the Department of
Revenue, and the supervisors and managers to the Department of
Unemployment Compensation -- not as employees but as customers!
....Brutus, 5/20/02
Top
 | The
new reward for good work? No work
... Gov. Jeb Bush's enthusiasm for Service First is evident in a
letter he sent to each of about 39,000 state employees who earned
performance bonuses last month. Bush has said all along that
streamlining personnel systems will ultimately make state government
more efficient - and, yes, smaller.-- Nobody ever said employing
people was an end, in itself, for state government.-- But for
employees such as Elaine Coup, the big picture is a little hard to
keep in mind. Bush's letter congratulating her on her bonus coincided
with one saying she'd lost her job in the Department of Business and
Professional Regulation.7/22/02
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 | Budget
threatens inspections - In a state where tourism is the top
industry, Bush has proposed a budget that would decrease the staff of
the hotel and restaurant inspection program from 312 to 206.- The
reason, said a spokeswoman for the state Department of Business and
Professional Regulation, is that the program costs more than it raises
in fees.
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 | Florida department under fire -privatization
contract without first conducting a study to see if it's feasible
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 | Workers
fear for jobs as agency rebuilds
Employees not guaranteed any of revamped positions In a high-stakes
game of musical chairs, 200 state employees this week learned their
jobs are being revamped and they'll have to apply for the new ones.
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 | Background
compilation on Cynthia Henderson ex- agency head
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Seems the folks over in the Departments MisCommunications Office
have a slight reality impairment. An article posted on the
Department's Intranet Secretaries Page reports that the Service
First was approved UNANIMOUSLY by the House last week. I guess its
only the Republicans votes that count these days.
...JoeFriday 4/6/00
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 | Division of Pari-Mutuel Wagering, Take a quick look at our Spring
2000 Newsletter on the intranet( a note to author of same, it's
2001) you will find a piece of work that is so embarrassing it
almost made me cry. All the words run together with no spacing and
when there was spacing it was 3-4-5 spaces maybe more. The
Director's name is even misspelled. I can tell you one thing for
sure if my work product looked like this, well ... don't ask what
would happen
...dogsrunning 4/2/01
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I noticed that one of the companies on the "Council of
100" is Outback Steakhouse. There was a major scandal
with the former secretary of DBPR, Cynthia Henderson, where she
accepted tickets to the Kentucky Derby from lobbyist and a free
flight on the Outback Steakhouse private jet to this event.
Both of these industries were under her regulatory authority at that
time. There were dozens of articles written about this and
numerous other failures of discretion by the former Secretary in
both the Tallahassee Democrat and the Tampa Tribune. One of
which was her forgiving a $100,000 tax debt which was assessed on a
restaurant (Malio's) in her home town (Tampa), which she use to
frequent. This despite the strong objections of her employees.
I say the former Secretary because she is no longer with this
agency. However, she was not fired, she was promoted to take
over the Department of Management Services, which interestingly
enough will be in charge of developing rules for the new so called
"Career Service" system.
I wonder if all the supervisors that will now be under the Select
Exempt system, will be given the number of breaks and promotions
that Ms. Henderson has enjoyed? What do you think?
...JQP 3/31/01
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