Law Office of Guy P. Coburn

09/19/2024

Florida Voters: What should you consider as you look at our state Constitutional Amendments?

In general, you should strongly lean to vote "NO" on ALL Constitutional Amendments, and ask a few key questions.

1) A Constitutional Amendment has much more effect than a regular statute. Why is this being pushed as an Amendment rather than a Statute?

The state Constitution is the foundational law of the state of Florida, and is not easily changed. If an Amendment has a bad result, it takes another Amendment to repeal it. The Legislature is elected to review these issues and pass laws that they believe are in the best interests of the State. So, WHY DIDN'T THE LEGISLATURE PASS THIS as a LAW? Sometimes, the answer is political, but sometimes the answer is that the Legislature considered the issue and decided that the proposal is NOT in the bests interests of Florida for various reasons.

Another important part of this is that, to be honest, the PEOPLE will fall for a clever advertising campaign. Something that has no chance of making it through the legislature because the Legislators can see past the smoke and mirrors, might have a chance of getting passed when brought to the People with a slick advertising campaign.

2) Who is pushing for this Amendment, and Why?

The Amendment Process is not easy, and takes a lot of dedication. Try to figure out who is pushing for this Amendment, and whether they are pushing something for their own personal benefit, or if they are pushing based upon a principle with which you agree.

3) Who is PAYING THE BILLS? and Why?

Constitutional Amendments are EXPENSIVE. You have to carefully draft the language, which must be reviewed by attorneys with the right experience, because any proposed Amendment must pass the specialized review by the Florida Supreme Court. Then, it must get enough petition signatures to make it on the ballot, and be approved by the Courts to comply with the Constitutional Requirements. Then comes the Expensive part -- buying advertising state-wide to promote the proposed Amendment.

The actual cost is in the $millions. So, the question is who is behind the money, and why? Do they expect to make a big profit? Do they have some other kind of agenda that is worth the investment of MILLIONS?

Keep in mind that these advertisements are usually misleading, simplistic, and fail to mention any of the downsides. Many appeal to (and manipulate) emotions rather than an understanding of the actual consequences.

Also, if you haven't seen any advertisements in opposition, WHY? Usually, it is because there isn't a single, organized entity with a ton of money ready to spend it in opposition, so you should ask why all the advertising is one-sided.

Please notice that I have not taken a position on any of the current Amendments. As a general rule, I am opposed to amending the Florida Constitution unless something vital needs to be fixed. The Legislature can propose Amendments, and every 20 years, Florida holds a Constitutional Amendments Commission to review the Constitution and make proposed changes. These changes are carefully studied for what effect the changes might have. The Amendments by Vote of the People don't undergo the same scrutiny.

I want to give an example: For many years, there have been pushes for Casino Gambling in Florida. The Legislature has opposed it because Florida's #1 industry is family-friendly tourism, and casino gambling would not help that industry. The Legislature is able to look at other communities that have legalized casino gambling, like Las Vegas, Atlantic City and Gulfport, and see the effect it has had on those communities. Yet, we have had several attempts to get Casino Gambling Amendments added to Florida's Constitution, which have failed. The big tourism companies, like Disney, have actively opposed these efforts. That's why the only gambling casinos in Florida are on Indian Reservation land.

If you are considering voting "YES" on any Constitutional Amendment, please think about these questions. You might want to ask your local legislators on their opinions on these proposed Amendments, or look for arguments both FOR and AGAINST them. If you are unsure how to vote, I suggest you vote, "NO."

08/23/2024

Sometimes, it is a good day, not because I earned a lot of money, but because I helped someone who really needed my help.

A Single mother called me this morning. She had received a Seven Day Notice to terminate her lease for Noncompliance. She got in an argument with a Security Guard, and the Landlord had over-reacted by sending her a notice that her residential lease was being terminated. She was notified that she had to move out in SEVEN DAYS or get evicted!

I reviewed the notice and the statutes, then wrote a detailed letter to the landlord on why his threat to evict this tenant would fail and result in attorney's fees against the landlord.

She called me a few minutes ago, overjoyed that the rental office was in a panic over my letter. Apparently, this Landlord had never had a Tenant hire an attorney and put up a fight before!

More than likely, the result will be a negotiated exit from the Apartment Complex, but at the Tenant's convenience, not under urgent threat of eviction.

It is really nice to have helped someone who desperately needed it at the right time. We still have to reach the resolution of the matter, but so far, I was able to help this hard-working single mother feel great relief (a few days before one her daughter's birthday).

03/08/2023

Yesterday, we had an important hearing in my client's efforts to collect a $1.3 million judgment. The opposing side has put up a constant fight. The case originated in another state, where there was a jury verdict and an appeal.

Yesterday's hearing was the Judgment Debtor's attempt to challenge the domestication of the judgment in Florida, when the case originated in another state. Sadly, the Clerk of the Court made a mistake in the Domestication process, and the other side tried to use this mistake to deny my client's right to collect its judgment in Florida.

This was my first time appearing before this judge, who indicated he was a former appellate attorney. The judge did a careful analysis of the Florida Domestication of Foreign Judgments Act, and denied the Judgment Debtor's motion.

I have to say that I really like this kind of judge -- he engaged in a smart, detailed analysis of the statute. I can appreciate this kind of judge, even if the judge rules against our position, because I can be confident that he is looking at the issues in a logical, impassionate way.

We have a long way to go, but this was a good step. I'm thankful we have a great judge.

11/02/2022

I am overjoyed! We just finished a hearing on post-judgment enforcement in an Estate case. This is a horrible saga my client has had to endure for SIX years dealing with his spiteful sister. The judge made the right ruling in awarding the entire real property to my client!

The best part -- The hearing was by Zoom and my client attended from out-of-state. As soon as the hearing ended with the final victory, my client said that he had to go outside to dance and shout in joy that this saga is finally OVER!

I have had some health issues lately, but I had to put all that aside to handle this hearing. The six-year saga is finally over (as soon as I can get the Order done)!

08/29/2022

A large part of my practice is debt collection. If you or your company extends credit, it is a good idea to occasionally review your contract to make sure it covers possible situations you might run into.

First: Attorney's Fees. Florida Law does not allow for the recovery of attorney's fees unless (a) the contract allows for the recovery of attorney's fees; (b) there is a statute or Rule that allows for the award of attorney's fees.

The contract provision can be phrased many ways, but a typical term might be, "In any litigation under this contract, the prevailing party shall be entitled to recover attorney's fees." Whether your contract provision is valid depends on a lot of possible factors. There is a statute (Fla. Stat. §57.105(7)) which says that if one side is entitled to attorney's fees, then the other side can be awarded fees if they prevail, too.

As for statutes, there are a number of legal areas where attorney's fees are awarded by statute. Examples include Landlord/Tenant, Bad Checks, Civil Theft, and Unfair Debt Collection.

05/12/2022

Since I handle some Landlord/Tenant cases, I thought I would share this recent article. Mold is fairly common in Florida, so carefully inspecting any potential rental for mold is a very good idea.

Mold can cause significant health issues in some people. If a rental property has mold, the tenant's remedies are limited. The main one is for the tenant to withhold rent until the problem is fixed. Florida Law allows a tenant to withhold rent ONLY if very specific steps are followed. A small mold infestation may not be enough to justify withholding rent UNLESS you have professional testing done AND doctors' professional opinions that the mold makes the property unlivable.

The attached article gives some suggestions on how to inspect for mold.

Another very good idea - before moving in, take lots of pictures, especially of areas which may have damage or areas which were repaired. Save those photos in case the landlord claims you did the damage when you move out.

A North Carolina woman and her two little boys moved to Tampa Bay hoping for a better life. But days after moving into a Largo apartment they discovered a danger that led them to leave their new home and all they owned. The I-Team found the law does little to protect renters in these cases.

01/01/2022

Happy New Year to all. May you have a joyful and successful 2022!

11/11/2021

To the Soldiers, Sailors, Marines, Airmen, Guardsmen, (Coastal and National,) and all the men and women of the US Armed Forces, both past and present:

Thank you.

10/10/2021

My job as an attorney is to help people solve problems and conflicts. Often that involves the Court system, but not always. From 37 years of experience, I often recommend that folks try to avoid litigation.

However, there's often no choice. If the other side refuses to come to the negotiation table, or refuses to consider a reasonable resolution, then it is time to present the evidence to a Judge or Jury to determine who is right through a civil and structured Court System.

The system is not perfect -- it can't be because human beings are flawed. Not everyone tells the truth, even under oath. Memories are imperfect. Record keeping is imperfect. People make choices without understanding the law or the facts. Egos and politics can be involved.

In spite of all these problems, our Court System is the best method of dispute resolution yet devised by human beings. The people are dedicated, the system has checks and balances, and the goal is to find the truth. Yes, mistakes are made, and that's why we have appeals courts.