UPDATE: Monday is the 86th day of the year. We have had over 100 mass shooting incidents in the United States this year, including, tragically today at a school in Nashville, Tennesse, that left three children and three adults dead. Three children! Dead. Children who got up this morning excited to go to school, and died there at the hands of a crazy woman with a gun.
And the Florida Legislature's solution to the pandemic of mass shootings? More guns and less restrictions on carrying them in public. It's like needing to go on a diet and buying five boxes of cookies and two gallons of ice cream.
Welcome to Florida, where we encourage you to carry a concealed firearm, because there's been no tragic gun violence in this State since, well, maybe never.
As of Sunday, there is no more CCF law in Florida. You can carry your gun to McDonalds now. Or into Thomas Keller's joint in Sunny Isles, and you do not need a permit. Don't you feel safer now knowing the people in your movie theater may be armed? It's not like anyone has ever gotten into an argument and then pulled their gun and shot someone out of anger, only to regret it later when the Dade ASA intones "next of kin wants max".
Florida is run by idiots who are encouraging more guns in public, not less.
Query: You have a pending CCF and now it's legal. Will the State drop the charges, or does "the officer wants the max" still apply?
Do you have a friend or colleague who is a plaintiff's lawyer? Be a nice person and buy them a drink when you see them sitting at a bar staring forlornly off into the distance, wondering how to break into the lucrative traffic ticket defense business because their plaintiffs' practice was just destroyed by the Florida Legislature (Motto: "We can do as much damage as an unlicensed and angry gun owner who isn't seated on time at Cracker Barrel in Two Egg Florida with his family on a Friday night. Maybe more.")
As of Sunday:
Attorney fees multiplier? Zap! Gone (or severely reduced, we don't know a whole lot about this stuff).
Homeowners' attorneys getting fees when the insurance company loses or settles? Zap! Gone.
What this means: Tropical Storm Ron comes through Miami and rips a hole in your roof. The water comes flooding in and damages your 75 inch TV, and MacBook Pro, not to mention your Subzero fridge and your expensive Pakistani hand-woven carpet. The insurance adjuster comes walking though your home. "Hmm, older tv, rug already had pasta sauce stains, the roof was previously damaged, the subzero looks fine to me. $3,500.00 is our offer."
Previously you could hire Dewey Cheetum & Howe and sue your insurance company. Debbie Dewey, the named partner, settles for $110,000.00 and the good news is the insurance company paid her 56 hours of work at $650.00 an hour!
NOW? You have to hire Debbie Dewey and agree to pay her out of the recovery if you win.
Rumpole expert analysis: This is what you pay for. Our in-depth analysis of the issues, seeing things others (and especially judges) do not see.
There are a few big losers here. First is Dewey and other first party defense law firms. But the second big loser here are the banks making loans to buy homes in Florida.
"The Banks" you say, wondering if Rumpole is out of his league on a complex civil issue. We are most assuredly out of our league, and yet, our insight is correct.
Follow this scenario:
A Bank loan Debbie Dewey the money to buy her 2.2 million home in Gables by the Sea. She put 500K down and the bank has a 1.7-million-dollar mortgage and interest in her beautiful home.
The bank wants Debbie to do two things: 1- pay her mortgage; and 2- UPKEEP her home, so their investment remains safe.
If the roof is blown off in Tropical storm Ron and Debbie's insurance company offers her $2,500 and she has 100K in structural and flooding damage beyond 75K for a new roof, and Debbie cannot afford to pay that out of her pocket because her income has gone down because of this new law- then Debbie's house's value is reduced.
Now Debbie defaults on the mortgage because the traffic ticket defense gig isn't as good as it used to be and the bank take's Debbie's home.
The problem is that the home, with all the water and wind damage is now worth 900K and the bank needs to recoup its 1.7-million-dollar loan.
The bank sells the property, loses 800K, Jim Cramer reports this on Squawk Box on CNBC the next day, and then the shares of Gables Savings and Loan tank as there is a run on the bank because Debbie is one of 9,000 homeowners in Gables by the Sea that the bank has loaned money to on houses the owners cannot get adequately repaired after Tropical Storm Ron roared ashore on August 1, 2023.
All because the Florida Legislature likes insurance companies more than banks.
Property Values Plummet:
Last domino to fall: Citibank and Bank of America see Gables Savings and Loan fail and don't want to be lending money to people to buy homes in Florida, the land of hurricanes and storms, when they now know the homeowners are at the mercy of insurance companies who will be offering pennies on the dollar when their roofs blow away.
Judge Sally Goldstein-Tegucigalpa has worked diligently for the last thirty years. She has raised a family, and paid off her home, all while avoiding an opponent in her election cycles by diligently following the prosecution on every case where "victim wants max".
Now Judge Sally wants to retire to Sun City in Arizona. Her house in Pinecrest has gone from $224,000. to 2.4 million over the last 30 years, and she wants to sell it. Her two kids are both heading to medical school, and she wants to give each of them $750,000.00 for college and medical school and take the rest of the money and buy that adobe condo in Sun City she has her eye on.
Miranda Castro-Schwartz, age 31, a lawyer for 5.1 years has just won a judicial election defeating some male judge who is sixty and been a judge for 17 years. Miranda has 300K left from her election that she wants to use to buy Sally's home. All is good until Miranda finds out no bank will lend her the money to buy Sally's home.
Judge Sally reduces the price to 2.2 million and Judge Miranda still cannot get a loan. 2 million, 1.8 million, 1.5 million, still no dice. No lending institution will do business in Florida real estate anymore.
Judge Sally's kids take second jobs at Starbucks to help with expenses. They get B's in organic chemistry because they have less time to study and that means they cannot get into medical school, so both of them are forced to do the only thing they have left. Go to law school, become a lawyer, wait 5.1 years and win a judicial election because of their multi-ethnic hyphenated last names.
Then they spend their days on the bench smiling as the State says "victim wants max."