Bill Text: FL S0046 | 2018 | Regular Session | Comm Sub


Bill Title: Relief of Ramiro Companioni, Jr., by the City of Tampa

Spectrum: Bipartisan Bill

Status: (Introduced) 2018-02-22 - Placed on Calendar, on 2nd reading [S0046 Detail]

Download: Florida-2018-S0046-Comm_Sub.html
       Florida Senate - 2018                               CS for SB 46
       
       
        
       By the Committee on Judiciary; and Senator Galvano
       
       
       
       
       
       590-02638-18                                            201846c1
    1                        A bill to be entitled                      
    2         An act for the relief of Ramiro Companioni, Jr., by
    3         the City of Tampa; providing for an appropriation to
    4         compensate Mr. Companioni for injuries sustained as a
    5         result of the negligence of an employee of the City of
    6         Tampa; providing a limitation on the payment of
    7         compensation and fees; providing an effective date.
    8  
    9         WHEREAS, on November 22, 1996, Ramiro Companioni, Jr., was
   10  seriously injured while operating his motorcycle on East
   11  Hillsborough Avenue in Tampa, Florida, as a result of a
   12  collision with a City of Tampa Water Department truck, and
   13         WHEREAS, a lawsuit was filed and in 2004 a final judgment
   14  was entered in favor of Mr. Companioni in the amount of
   15  $17,928,800 against the City of Tampa, based on a jury verdict
   16  in the amount of $19,932,000, and
   17         WHEREAS, after appeals and all legal remedies were
   18  exhausted, claim bills have been filed annually since the 2014
   19  Regular Session seeking the full amount of the final judgment,
   20  plus interest, for Mr. Companioni, and
   21         WHEREAS, the parties have agreed to a compromised
   22  settlement in the amount of $5 million, NOW, THEREFORE,
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. The facts stated in the preamble to this act are
   27  found and declared to be true.
   28         Section 2. The City of Tampa is authorized and directed to
   29  appropriate from funds not otherwise encumbered and to draw a
   30  warrant in the sum of $5 million, to fund a special needs trust
   31  created for the exclusive use and benefit of Ramiro Companioni,
   32  Jr., as compensation for injuries and damages sustained as
   33  described in this act.
   34         Section 3. The amount paid by the City of Tampa pursuant to
   35  s. 768.28, Florida Statutes, and the amount awarded under this
   36  act are intended to provide the sole compensation for all
   37  present and future claims arising out of the factual situation
   38  described in this act which resulted in injuries and damages to
   39  Mr. Companioni. The total amount paid for attorney fees relating
   40  to this claim may not exceed 25 percent of the amount awarded
   41  under this act.
   42         Section 4. Excluding the federal portions of any liens,
   43  Medicaid or otherwise, which the claimant must pay, it is the
   44  intent of the Legislature that the lien interests relating to
   45  the treatment and care of Ramiro Companioni, Jr., are hereby
   46  waived or extinguished.
   47         Section 5. This act shall take effect upon becoming a law.

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