Bill Text: FL S0030 | 2019 | Regular Session | Introduced


Bill Title: Relief of Carlos Ruben Suarez Diaz and his wife, Melissa Gonzalez Santiago, by the City of Homestead

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-04 - Withdrawn prior to introduction [S0030 Detail]

Download: Florida-2019-S0030-Introduced.html
       Florida Senate - 2019                              (NP)    SB 30
       
       
        
       By Senator Flores
       
       
       
       
       
       39-00115A-19                                            201930__
    1                        A bill to be entitled                      
    2         An act for the relief of Carlos Ruben Suarez Diaz and
    3         his wife, Melissa Gonzalez Santiago, by the City of
    4         Homestead; providing an appropriation to compensate
    5         them for injuries and damages sustained as a result of
    6         the negligence of an employee of the City of
    7         Homestead; providing a limitation on the payment of
    8         attorney fees; providing an effective date.
    9  
   10         WHEREAS, on October 15, 2013, 41-year-old Carlos Ruben
   11  Suarez Diaz was crossing the intersection of NE 33rd Terrace and
   12  NE 5th Street in the Crystal Lakes gated community of Homestead
   13  on his bicycle in an unmarked crosswalk, and
   14         WHEREAS, a City of Homestead garbage truck operator failed
   15  to yield at the intersection before making a left-hand turn, and
   16  the truck ran over and stopped on top of Carlos Ruben Suarez
   17  Diaz, and
   18         WHEREAS, Carlos Ruben Suarez Diaz sustained a massive
   19  degloving injury, a ligamentous injury, and tissue loss to his
   20  left lower extremity, and
   21         WHEREAS, Carlos Ruben Suarez Diaz underwent multiple
   22  grafting and reconstructive surgeries to his left leg and foot,
   23  and
   24         WHEREAS, Carlos Ruben Suarez Diaz has permanent
   25  psychological and physical injuries, including posttraumatic
   26  stress disorder (PTSD), pain, and loss of function, and
   27         WHEREAS, Carlos Ruben Suarez Diaz will require
   28  physiological and psychiatric care and medication for PTSD for
   29  the rest of his life, and
   30         WHEREAS, Carlos Ruben Suarez Diaz’ wife, Melissa Gonzalez
   31  Santiago, has suffered loss of consortium damages as a result of
   32  her husband’s injuries and disability, and
   33         WHEREAS, Carlos Ruben Suarez Diaz and Melissa Gonzalez
   34  Santiago sued the City of Homestead and received a judgment in
   35  the amount of $1,629,091.20, bearing interest at the current
   36  legal interest rate of 5.72 percent per year and thereafter at
   37  the established legal rate from April 27, 2018, as well as a
   38  final cost judgment in the amount of $110,000, bearing interest
   39  at the current legal interest rate of 5.72 percent per year from
   40  May 9, 2018, and thereafter at the established legal rate, and
   41         WHEREAS, the City of Homestead is privately insured by
   42  Travelers Insurance Company in the amount of $5 million for the
   43  type of damages suffered by Carlos Ruben Suarez Diaz and Melissa
   44  Gonzalez Santiago, and
   45         WHEREAS, the City of Homestead and its insurer are not
   46  appealing the judgments, and
   47         WHEREAS, the City of Homestead has paid Carlos Ruben Suarez
   48  Diaz and Melissa Gonzalez Santiago $300,000 in partial
   49  satisfaction of the judgments pursuant to the limits of
   50  liability set forth in s. 768.28, Florida Statutes, and the
   51  remainder is conditioned upon the passage of a claim bill in the
   52  amount of $1,439,091.20 plus interest at the legal rate, NOW,
   53  THEREFORE,
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. The facts stated in the preamble to this act are
   58  found and declared to be true.
   59         Section 2. The City of Homestead is authorized and directed
   60  to appropriate from funds not otherwise encumbered, inclusive of
   61  the insurance coverage provided to the City of Homestead by
   62  Travelers Insurance Company pursuant to policy number H-810
   63  12R03571-IND-13, and to draw a warrant in the sum of
   64  $1,439,091.20 plus interest at the legal rate payable to Carlos
   65  Ruben Suarez Diaz and his wife, Melissa Gonzalez Santiago, as
   66  compensation for injuries and damages sustained.
   67         Section 3. The amount paid by the City of Homestead
   68  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   69  under this act are intended to provide the sole compensation for
   70  all present and future claims arising out of the factual
   71  situation described in this act which resulted in injuries and
   72  damages to Carlos Ruben Suarez Diaz and Melissa Gonzalez
   73  Santiago. The total amount paid for attorney fees relating to
   74  this claim may not exceed 25 percent of the amount awarded under
   75  this act.
   76         Section 4. This act shall take effect upon becoming a law.

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