Bill Text: FL S0006 | 2023 | Regular Session | Enrolled

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Bill Title: Relief of the Estate of Jason Sanchez by Miami-Dade County

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-07-10 - Chapter No. 2023-322 [S0006 Detail]

Download: Florida-2023-S0006-Enrolled.html

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       ENROLLED
       2023 Legislature                                            SB 6
       
       
       
       
       
       
                                                                20236er
    1  
    2         An act for the relief of the Estate of Jason Sanchez
    3         by Miami-Dade County; providing for an appropriation
    4         to compensate the Estate of Jason Sanchez for injuries
    5         and damages sustained by Jason Sanchez and his
    6         survivors as a result of the negligence of a Miami
    7         Dade County employee; providing a limitation on
    8         compensation and the payment of attorney and lobbying
    9         fees; providing an effective date.
   10  
   11         WHEREAS, on May 13, 2019, Jason Sanchez was lawfully
   12  traveling on his motorcycle northbound on Southwest 107th Avenue
   13  toward the intersection at Southwest 176th Street in Miami-Dade
   14  County, wearing his helmet and traveling at or below the posted
   15  speed limit, and
   16         WHEREAS, a Miami-Dade County employee operating a Miami
   17  Dade County passenger bus failed to stop at the marked
   18  intersection and pulled out in front of Mr. Sanchez in an
   19  attempted left turn, causing a collision, and
   20         WHEREAS, Mr. Sanchez sustained fatal blunt force injuries
   21  as a result of the collision, and
   22         WHEREAS, the Estate of Jason Sanchez has alleged, through a
   23  lawsuit filed on September 17, 2019, in the Circuit Court of the
   24  Eleventh Judicial Circuit in and for Miami-Dade County, that the
   25  negligence of Miami-Dade County, through its bus driver, was the
   26  proximate cause of Mr. Sanchez’s death, and
   27         WHEREAS, Jacqueline Abreu, Mr. Sanchez’s mother, and Manuel
   28  Sanchez, Mr. Sanchez’s father, have suffered significant
   29  financial damages due to the loss of their son’s financial
   30  support and have experienced extreme mental anguish and
   31  suffering as a result of the loss of their son, and
   32         WHEREAS, following the filing of the lawsuit, the Estate of
   33  Jason Sanchez and Miami-Dade County have reached a tentative
   34  settlement agreement, pending county approval, in the amount of
   35  $1.25 million, and
   36         WHEREAS, pursuant to the agreement between the parties and
   37  the limits of liability set forth in s. 768.28, Florida
   38  Statutes, the settlement will be partially satisfied by Miami
   39  Dade County in the amount of $300,000, and the satisfaction of
   40  the remainder is contingent upon the passage of a claim bill in
   41  the amount of $950,000, NOW, THEREFORE,
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. The facts stated in the preamble to this act are
   46  found and declared to be true.
   47         Section 2. Miami-Dade County is authorized and directed to
   48  appropriate from funds of the county not otherwise encumbered
   49  and to draw a warrant in the sum of $950,000 payable to the
   50  Estate of Jason Sanchez as compensation for injuries and damages
   51  sustained.
   52         Section 3. The amount paid by Miami-Dade County pursuant to
   53  s. 768.28, Florida Statutes, and the amount awarded under this
   54  act are intended to provide the sole compensation for all
   55  present and future claims arising out of the factual situation
   56  described in this act which resulted in the death of Jason
   57  Sanchez, including injuries and damages to the Estate of Jason
   58  Sanchez and his survivors. The total amount paid for attorney
   59  fees relating to this claim may not exceed $190,000, and the
   60  total amount paid for lobbying fees may not exceed $47,500.
   61         Section 4. This act shall take effect upon becoming a law.