Bill Text: FL S0200 | 2019 | Regular Session | Comm Sub

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Bill Title: Relief of the Estate of Herminio Padilla, Jr., by the City of West Palm Beach and Others

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-04-30 - Laid on Table, companion bill(s) passed, see CS/HB 6515 (Ch. 2019-186) [S0200 Detail]

Download: Florida-2019-S0200-Comm_Sub.html

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       Florida Senate - 2019                       CS for CS for SB 200
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Judiciary; and Senator Cruz
       
       
       
       
       585-04141-19                                           2019200c2
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of Herminio
    3         Padilla, Jr., by the City of West Palm Beach, Palm
    4         Beach County, the City of Lake Worth, the City of
    5         Riviera Beach, and the Town of Palm Beach; providing
    6         for an appropriation to compensate his estate for
    7         injuries and damages sustained by Herminio Padilla,
    8         Jr., as a result of the negligence of the City of West
    9         Palm Beach, Palm Beach County, the City of Lake Worth,
   10         the City of Riviera Beach, and the Town of Palm Beach;
   11         providing a limitation on the payment of fees and
   12         costs; providing an effective date.
   13  
   14         WHEREAS, on January 17, 2015, Herminio Padilla, Jr., was an
   15  employee of the City of West Palm Beach as a wastewater plant
   16  operator, and
   17         WHEREAS, shortly after midnight on January 17, 2015, while
   18  working at the water reclamation facility, Mr. Padilla was
   19  walking on an elevated catwalk over a sewage basin when a grate
   20  allegedly and unexpectedly collapsed, causing him to fall into
   21  the basin, and
   22         WHEREAS, at the time of this event, no one was present in
   23  the area, other than Mr. Padilla, and Mr. Padilla sank in the
   24  basin and drowned, and
   25         WHEREAS, the Estate of Herminio Padilla, Jr., filed a
   26  lawsuit against his employer, the City of West Palm Beach, who
   27  owns and operates the water reclamation facility, as well as
   28  Palm Beach County, the City of Lake Worth, the City of Riviera
   29  Beach, and the Town of Palm Beach, who have a beneficial
   30  interest in the water reclamation facility where the accident
   31  occurred, and
   32         WHEREAS, it is alleged that, before the drowning occurred,
   33  the City of West Palm Beach as the owner and operator of the
   34  water reclamation facility hired an engineering firm to perform
   35  a visual inspection of the facility and the firm identified
   36  several safety issues that required immediate attention, and
   37         WHEREAS, subsequent to the drowning, the City of West Palm
   38  Beach as the owner and operator of the water reclamation
   39  facility hired a separate engineering company to perform an
   40  analysis of the drowning which revealed that the grate that
   41  collapsed was missing an attachment which caused it to slide off
   42  the supporting ledge, and
   43         WHEREAS, subsequent to the drowning, an e-mail written by
   44  another employee of the facility alleged that complaints about
   45  other catwalks at the facility were brought to the attention of
   46  the City of West Palm Beach before the drowning, and
   47         WHEREAS, on October 17, 2018, the parties participated in
   48  mediation and a settlement in the amount of $400,000 was
   49  reached, as a compromise with no defendant admitting liability,
   50  and of which the City of West Palm Beach, Palm Beach County, the
   51  City of Lake Worth, the City of Riviera Beach, and the Town of
   52  Palm Beach have collectively paid the statutory limit of
   53  $300,000, and $100,000 remaining to be paid by the City of West
   54  Palm Beach, Palm Beach County, the City of Lake Worth, the City
   55  of Riviera Beach, and the Town of Palm Beach collectively upon
   56  approval of a claim bill, NOW, THEREFORE,
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. The facts stated in the preamble to this act are
   61  found and declared to be true.
   62  Section 2. The City of West Palm Beach, Palm Beach County, the
   63  City of Lake Worth, the City of Riviera Beach, and the Town of
   64  Palm Beach are authorized and directed to appropriate from funds
   65  not otherwise encumbered and to draw warrants in the sums of
   66  $54,091, $22,727, $11,363.50, $7,273, and $4,545.50,
   67  respectively, payable to Stephen P. Padilla, as personal
   68  representative of the Estate of Herminio Padilla, Jr., as
   69  compensation for injuries and damages sustained.
   70         Section 3. The amounts paid by the City of West Palm Beach,
   71  Palm Beach County, the City of Lake Worth, the City of Riviera
   72  Beach, and the Town of Palm Beach pursuant to s. 768.28, Florida
   73  Statutes, and the amount awarded under this act are intended to
   74  provide the sole compensation for all past, present, and future
   75  claims arising out of the factual situation alleged in this act
   76  which resulted in the death of Herminio Padilla, Jr. Of the
   77  amount awarded under this act, the total amount paid for
   78  attorney fees may not exceed $20,000, the total amount paid for
   79  lobbying fees may not exceed $5,000, and the total amount paid
   80  for costs or other similar expenses may not exceed $5,000.
   81         Section 4. This act shall take effect upon becoming a law.