Bill Text: FL S0018 | 2010 | Regular Session | Introduced


Bill Title: Relief/Laura D. Strazza/DOACS

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0018 Detail]

Download: Florida-2010-S0018-Introduced.html
 
Florida Senate - 2010                              (NP)    SB 18 
 
By Senator Aronberg 
27-00083-10                                             201018__ 
1                        A bill to be entitled 
2         An act for the relief of Laura D. Strazza; providing 
3         an appropriation to compensate her for injuries she 
4         sustained as a result of the negligence of an employee 
5         of the Department of Agriculture and Consumer 
6         Services; providing a limitation on the payment of 
7         fees and costs; providing an effective date. 
8 
9         WHEREAS, on April 25, 1996, Laura D. Strazza was riding as 
10  a passenger in a motor vehicle on U.S. 1 in Juno Beach, Palm 
11  Beach County, and 
12         WHEREAS, an employee of the Department of Agriculture and 
13  Consumer Services, Division of Forestry, was operating, on and 
14  next to that highway, a large transport truck that collided with 
15  the motor vehicle in which Laura D. Strazza was a passenger, and 
16         WHEREAS, as a consequence of this motor vehicle crash, 
17  Laura D. Strazza sustained multiple grievous injuries such that 
18  she has been unable to work, has undergone surgical procedures, 
19  and needs to undergo future surgical procedures, and 
20         WHEREAS, a legal action was brought by Laura Strazza, a 
21  single woman, against the Department of Agriculture and Consumer 
22  Services, and 
23         WHEREAS, on July 13, 1999, a jury rendered a verdict in 
24  favor of Laura D. Strazza, finding that the Department of 
25  Agriculture and Consumer Services was partly negligent in 
26  causing a motor vehicle crash between the vehicle in which Ms. 
27  Strazza was riding as a passenger and the department’s transport 
28  truck, and 
29         WHEREAS, the jury rendered damages in the amount of 
30  $1,464,000, and, after reduction for collateral sources and 
31  comparative negligence of the driver of the vehicle in which Ms. 
32  Strazza was riding, a Final Judgment in the amount of $944,829 
33  and a Cost Judgment in the amount of $32,490.62, both bearing 
34  interest at the statutory rate of 10 percent per year, were 
35  entered against the Department of Agriculture and Consumer 
36  Services, and 
37         WHEREAS, the Department of Agriculture and Consumer 
38  Services has paid Laura Strazza $100,000, the maximum amount 
39  allowable under s. 768.28, Florida Statutes, and the remainder 
40  owed under the judgment will be $877,319.62, plus $5,002.60 in 
41  additional costs, for a total amount of $882,322.22, NOW, 
42  THEREFORE, 
43 
44  Be It Enacted by the Legislature of the State of Florida: 
45 
46         Section 1. The facts stated in the preamble to this act are 
47  found and declared to be true. 
48         Section 2. The sum of $882,322.22 is appropriated from the 
49  General Revenue Fund to the Department of Agriculture and 
50  Consumer Services for the relief of Laura Strazza for injuries 
51  and damages sustained. 
52         Section 3. The Chief Financial Officer is directed to draw 
53  a warrant in favor of Laura Strazza in the amount of $882,322.22 
54  upon funds of the Department of Agriculture and Consumer 
55  Services in the State Treasury, and the Chief Financial Officer 
56  is directed to pay the same out of such funds in the State 
57  Treasury. 
58         Section 4. The amount paid by the Department of Agriculture 
59  and Consumer Services pursuant to s. 768.28, Florida Statutes, 
60  and the amount paid pursuant to this act are intended to provide 
61  the sole compensation for all present and future claims arising 
62  out of the factual situation described in this act which 
63  resulted in injuries to Laura D. Strazza. The total amount paid 
64  for attorney’s fees, lobbying fees, costs, and other similar 
65  expenses relating to this claim may not exceed 25 percent of the 
66  amount awarded under this act. 
67         Section 5. This act shall take effect upon becoming a law 
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