>>> WE ARE NOW ENTERING DAY
SEVEN SINCE A PORTION OF A
12-STORY BEACH FRONT CONDO CAME
CRASHING DOWN IN THE MIDDLE OF
THE NIGHT.
12 PEOPLE ARE NOW CONFIRMED
DEAD.
149 REMAIN UNACCOUNTED FOR.
MORE THAN 50 AGENCIES AND 900
PERSONNEL ARE WORKING ON THE
SITE, INCLUDING TEAMS FROM
ISRAEL AND MEXICO.
NO ONE HAS BEEN PULLED ALIVE
FROM THE MOUNTAIN OF RUBBLE
SINCE THURSDAY MORNING HOURS
AFTER THE COLLAPSE.
JOINING US NOW FROM SURFSIDE,
FLORIDA, NBC NEWS CORRESPONDENT,
ANTONIA HILTON.
WHAT MORE CAN YOU TELL US THIS
MORNING?
>> Reporter: GOOD MORNING, MIKA.
WELL, THE SITUATION HERE ON THE
GROUND IN SURFSIDE CONTINUES TO
BE AGONIZING AS WE NOW STRETCH
INTO THE SEVENTH DAY.
THERE ARE POTENTIAL STORMS
COMING, WHICH COULD COMPLICATE
AND FURTHER SLOW DOWN THIS
RECOVERY PROCESS.
RIGHT NOW, THEYRE AVERAGING
FINDING ABOUT ONE BODY A DAY.
LAST NIGHT WE FOUND OUT THAT THE
DEATH TOLL WENT UP TO 12, AND
THAT BRINGS THE NUMBER OF PEOPLE
UNACCOUNTED FOR HERE TO 149 AND
THAT NUMBER HAS JUST BEEN
COMPLETELY OVERWHELMING FOR
PEOPLE TO PROCESS HERE.
YOU KNOW, THIS RUBBLE SITE IS
INCREDIBLY DANGEROUS.
THE WORKERS HAVE HAD TO MOVE
THROUGH WIND AND RAIN AND FIRES
AT TIMES, INCREDIBLY
METICULOUSLY.
FOR THE FAMILIES, IT FEELS SLOW,
AND THE FRUSTRATION IS BUILDING.
THERES THIS PUBLIC NARRATIVE OF
THE POSSIBILITY OF MIRACLES,
PEOPLE WHO MAY BE PULLED LIVE
FROM THE RUBBLE AND PRIVATELY ON
A COMMUNITY LEVEL IS WHAT YOU
HEAR IS FAMILIES GROWING ANGRY
AND FRUSTRATING AT TIMES, AND
WANTING OFFICIALS TO BE MORE
FRANK IN THEIR PUBLIC STATEMENTS
ABOUT THE MAGNITUDE OF DEATH
THAT MAY COME OUT OF THIS
CRISIS, AND SO, YOU KNOW,
YESTERDAY, I ACTUALLY GOT THE
CHANCE TO GET UP A BIT CLOSER TO
THE RUBBLE SITE AND SPOKE TO A
VOLUNTEER WHO HAS BEEN THERE
EVERY DAY, AND WHAT YOU SEE AND
WHAT YOU HEAR IS ABOUT A PANCAKE
EFFECT THAT THIS BUILDING HAS
COLLAPSED IN SUCH A WAY THAT
THERE ARENT THAT MANY OPEN
SPACES OR MAINTAINED STRUCTURES.
ITS HARD FOR WORKERS TO GET
THROUGH THE RUBBLE, AND ITS
HARD TO SEE BODIES.
THATS PART OF WHY THE PROCESS
IS MOVING SLOW.
WHAT YOU HEAR FROM VOLUNTEERS IS
THERES A DESIRE FOR OFFICIALS
TO BE FRANK ABOUT THE FACT THAT
THEY MAY NOT PULL OUT TOO MANY
BODIES, FAMILIES FIND OUT THAT
THEY ARE RECEIVING BODY PARTS OF
THEIR FAMILY MEMBERS, AND
THERES A DESIRE FOR THERE TO BE
MORE HONEST ABOUT THAT.
MAYOR LEVINE CAVA HAS SPOKEN
ABOUT IT, AND TRIED TO TALK
ABOUT THAT GRIM OUTLOOK, BUT
THERES FRUSTRATION AS PEOPLE
ARE WANTING TO MOVE FORWARD WITH
CLOSURE IN THEIR GRIEVING.
IT WILL BE INTERESTING TO SEE IF
PRESIDENT BIDEN COMES HERE
TOMORROW IF SOME OF THE PRIVATE
CONVERSATIONS ABOUT GRIEVING
BECOME MORE PUBLIC BECAUSE HE IS
KNOWN FOR TALKING TO FAMILIES IN
FRANK TERMS ABOUT HAVING AN
EMPATHETIC APPROACH IN THESE
INTERACTIONS AND SO, YOU KNOW, I
THINK THERES EAGERNESS HERE, AS
PEOPLE KNOW, HES GOING TO SPEND
QUITE A BIT OF TIME WITH LOVED
ONES HERE TO SEE HOW THE TONE
SHIFTS HERE IN SURFSIDE
TOMORROW.
MIKA.
>> VERY WELL PUT.
NBCS ANTONIA HILTON, THANK YOU
VERY MUCH.
AND FLORIDA OFFICIALS ARE
PLEDGING TO BEGIN SEVERAL
INVESTIGATIONS INTO THE SURFSIDE
BUILDING COLLAPSE.
STATE ATTORNEY KATHERINE
FERNANDEZ RUNDELL WILL PURSUE A
GRAND JURY INVESTIGATION TO
EXAMINE FACTORS AND DECISIONS
THAT LED TO THE CHAMPLAIN TOWERS
DISASTER.
SHE ALSO RAISED THE POSSIBILITY
OF POTENTIAL CRIMINAL
INVESTIGATIONS, MEANWHILE, A
RESIDENT OF CHAMPLAIN TOWER
SOUTH FILED A CLASS ACTION
LAWSUIT LESS THAN 24 HOURS AFTER
THE DEADLY COLLAPSE.
THE SUIT SAID THE CONDOMINIUM
ASSOCIATION FAILED TO ADEQUATELY
SECURE THE BUILDING AND AT ALL
RELEVANT TIMES DEFENDANT WAS
AWARE OR REASONABLY SHOULD HAVE
BEEN AWARE THAT THE PLAINTIFFS
AND THE LIVES AND PROPERTY WERE
AT RISK DUE TO THE LACK OF
PRECAUTIONS TAKEN.
>> SO LETS BRING IN RIGHT NOW
STATE ATTORNEY FOR PALM BEACH
COUNTY DAVE AARONBERG, BEFORE WE
GET TO THE LEGAL SIDE, LETS
TALK AS TWO FLORIDIANS WHO HAVE
SEEN BOOM, BUST, BOOM, BUST,
BOOM, BUST, ALONG THE
COASTLINES.
I DID NORTHWEST FLORIDA, YOU
KNOW, FOR O30 YEARS.
PEOPLE THROWING UP CONDOMINIUMS
OVERNIGHT, AND THEN A RECESSION
WOULD COME ALONG, THEY WOULD GO
BRUMT
BANKRUPT, OTHER PEOPLE WOULD PICK IT UP.
PICK IT UP.
IT WAS ABSOLUTE CHAOS, AND ITS
BEEN THAT WAY IN FLORIDA SINCE
THE BEGINNING OF THE 20th
CENTURY, A LOT OF BOOMS AND
BUSTS.
A LOT OF CONDOS THAT WERE BUILT,
YOUVE BEEN IN THEM, IVE BEEN
NATIONAL ANTHEM
IN THEM, WE GREW UP GOING TO
FRIENDS PLACES, SOME WERE
CHEAPLY MADE, AND YOU COULD TELL
THEY WERE BUILT VERY QUICKLY
DURING A SORT OF A BOOM PERIOD.
SO I HAVE BEEN TALKING THIS WEEK
ABOUT 92, AND ANDREW AND THE
BUILDING CODES THAT HAVE GONE UP
POST 92.
I WONDER HOW TOUGH FLORIDA
REGULATORS, FLORIDA LEGISLATORS,
FLORIDA LEADERS ARE GOING TO NOW
BE ON BENDING OVER BACKWARDS TO
MAKE SURE ALL OF THESE CONDOS,
SOME OF THEM BUILT REALLY BADLY
40 YEARS AGO, ARE SECURE FOR THE
RESIDENTS.
>> GOOD MORNING, JOE.
IM BORN AND RAISED IN NORTH
MIAMI, WHICH IS NOT FAR FROM
SURFSIDE.
I KNOW THE COMMUNITY WELL, AND
THERE IS THE DEMARCATION LINE.
IN 1992, THATS WHEN HURRICANE
ANDREW HIT US CATEGORY 5 STORM,
AND THATS WHEN THE FLORIDA
LEGISLATURE CHANGED THE BUILDING
CODES TO STRENGTHEN THEM.
BEFORE YOU HAD THE FLIMSY
BUILDINGS BUILT, AND THEY BLEW
AWAY IN THE WIND, AND NOW WE
HAVE STRONGER CODES BUT THIS HAS
SHAKEN THE FAITH OF A LOT OF
PEOPLE IN THE OVERSIGHT.
THERES A RULE IN DADE COUNTY
THAT SAYS YOU HAVE TO HAVE
RECERTIFICATION OF THESE
BUILDINGS EVERY 40 YEARS, BUT
THAT DOESNT TAKE INTO ACCOUNT
THE NEW CHALLENGE OF CLIMATE
CHANGE, AND SO PERHAPS THAT
SHOULD BE CHANGED TO HAVE A MORE
FREQUENT REVIEW, ESPECIALLY
SINCE THERES NEW TECHNOLOGY,
TECHNOLOGY THAT DIDNT EXIST 40
YEARS AGO.
I THINK THIS IS GOING TO CAUSE A
SERIES OF INVESTIGATIONS THAT
WILL LEAD TO CHANGES IF NOT IN
THE LAW, AT LEAST IN THE
IMPLEMENTATION OF THE LAW.
>> WELL, AND DAVE, LETS FACE
IT.
BEFORE THIS TRAGEDY, IM SURE
THERE ARE A LOT OF REGULATORS, A
LOT OF LOCAL REGULATORS, CITY
REGULATORS, COUNTY REGULATORS,
STATE REGULATORS THAT WERENT
GOING TO GO IN AND TELL, YOU
KNOW, AN ENTIRE CONDO OF PEOPLE
LIVING IN A CONDO, HEY, WERE
SEEING SOME CRACKS HERE, YOURE
ALL GOING TO HAVE TO MOVE OUT
AND FIX THIS, NOW THEYRE JUST,
BECAUSE THIS HAD NEVER HAPPENED
BEFORE, I WONDER IF THERE WAS
TOO MUCH PRESSURE AGAINST MAKING
THAT DRAMATIC, TAKING THAT
DRAMATIC STEP THAT WOULD HAVE
SAVED ALL OF THOSE LIVES.
>> AND THAT GOES, JOE, TO THE
POSSIBLE CRIMINALITY HERE.
ITS TOO EARLY TO SPECULATE
BECAUSE WE DONT KNOW WHAT
CAUSED THE BUILDING COLLAPSE
YET, AND WE PROBABLY WONT KNOW
FOR MANY MONTHS.
IM GLAD THAT KATHY FERNANDEZ
RUNDELL, THE STATE ATTORNEY IS
CONVENING THAT GRAND JURY TO GET
TO THE BOTTOM OF THIS, BUT TO
HAVE A CRIME HERE, YOU NEED MORE
THAN WHATS PRESENTLY BEING
REPORTED.
YOU HAVE TO HAVE SOMEONE THAT
KNEW THAT DESTRUCTION WAS
IMMINENT AND DID NOTHING ABOUT
IT.
THATS DIFFERENT THAN WHAT IS
BEING REPORTED RIGHT NOW.
THERE WAS THAT 2018 ENGINEERING
REPORT.
THE ENGINEER HIRED BY THE CONDO
ASSOCIATION FLAGGED MAJOR
STRUCTURAL DAMAGE AT THE
BUILDING, BUT NOTHING IN THE
LETTER GAVE AN AIR OF IMMINENT
DANGER, AND I THINK THATS WHAT
YOU WOULD NEED TO RISE TO THE
LEVEL OF CRIMINALITY.
PLUS, THE BOARD AT THE CONDO
STARTED TO COLLECT ASSESSMENTS
TO CONDUCT REPAIRS, AND THE
REPAIRS WERE INCOMPLETE AT THE
TIME THE BUILDING COLLAPSED.
BUT THATS GOING TO BE
CONSIDERED BY ANY PROSECUTOR
DETERMINING CHARGES.
>> AND OBVIOUSLY THE LEGAL
STANDARD FOR CIVIL LIABILITY
MUCH LOWER THAN FOR CRIMINAL
LIABILITY.
TELL US ABOUT THESE CLASS ACTION
LAWSUITS.
WHAT DO THOSE LOOK LIKE?
DO THOSE SEEM TO BE STANDING ON
A BIT FIRMER GROUND?
>> YEAH, ITS MUCH EASIER TO
FILE THESE CIVIL LAWSUITS THAN A
CRIMINAL ACTION, AND THERES
BEEN AT LEAST THREE DIFFERENT
CIVIL LAWSUITS THAT HAVE BEEN
FILED FOR NEGLIGENCE AGAINST THE
CONDO ASSOCIATION FOR A
VIOLATION OF THEIR DUTY OF CARE
TO THE RESIDENTS OF THE
BUILDING, FOR ALLEGEDLY IGNORING
LONG NEEDED REPAIRS, AND I
EXPECT MANY MORE TO COME, AND
YOU REPORTED ABOUT A LAWSUIT
SEEKING CLASS ACTION STATUS, I
THINK THE ACTIONS WILL BE
CONSOLIDATED INTO A CLASS ACTION
AT SOME POINT.
AND YOURE RIGHT, WHEN YOU FILE
THESE CIVIL LAWSUITS, YOU JUST
HAVE TO PROVE THEM BY
PREPONDERANCE OF THE EVIDENCE.
IS IT MORE LIKELY THAN NOT THAT
THE DEFENDANT DID IT IN A
CRIMINAL CONTEXT, YOUVE GOT TO
PROVE THAT THE DEFENDANT DID IT
BEYOND ANY REASONABLE DOUBT, A
LOT HIGHER BURDEN, AND YOU CANT
GO INTO CRIMINAL COURT WITH A
NEGLIGENCE CLAIM.
YOUVE GOT TO GET MORE THAN
THAT.
YOU EVEN HAVE TO GET MORE THAN
GROSS NEGLIGENCE.
ITS GOT TO BE UP TO WHATS CALL
CULPABLE NEGLIGENCE AND IN
FLORIDA, THE STATUTE IS
MANSLAUGHTER BY CULPABLE
NEGLIGENCE WHICH IS A SECOND
DEGREE FELONY, PUNISHABLE BY UP