Column: Hands up! Step away from that rock pile!

Until this week, I never knew there was a Florida law against the "unlicensed practice of geology."

But there is indeed such a law, and the state of Florida can use it against you - especially if you say the wrong things about the mining industry in this state.

"What are you, a geologist?" the state might demand of you. "How do you know that mining is bad for the environment?"

Our story begins in 2005, when a environmental activist named Sydney Bacchus attended public hearings in Putnam County, speaking on behalf of the opponents of proposed sand-mining there.

After that appearance, Bacchus got a "cease and desist" letter from the state Department of Business and Professional Regulation, accusing her of unlicensed geology.

The state was acting on a complaint from a geologist-supporter of the mining. He accused Bacchus of "making a mockery of our profession." [Entire column here]

Comments

[River]

Howard,

Great article. This is not the first time I’ve heard of this practice, and you’re right to venture that it could be, “…a potential weapon for bad guys everywhere to harass opponents!”, because that’s exactly why it’s been used.

I’ve even seen it used in a courtroom during a civil case, against someone who could not afford a lawyer, could not get an appointed one, and decided to represent themselves… when the person representing themselves began to site case law (with literal support), the hired lawyer used the “practicing law without a license” approach. Unfortunately, that judge bought it. I guess you have to have a law degree to even “read” case law.

I expect to be sued by the NFL for complaining about a bad call during a game, for practicing “eyesight” without a license.

[Jim Johnson]

You'll see all kinds of weird things in a court room, but people do have a right to defend themselves at trial, and some people actually prevail against state attorneys in criminal cases. I've seen it.

I dont recommend self defense in complicated cases, but where the law is very clear, and the state attorney has no convincing evidence, go for it. Like corporal punishment cases.