Florida Senate - 2015 (NP) SB 54
By Senator Montford
3-00034A-15 201554__
1 A bill to be entitled
2 An act for the relief of Mark T. Sawicki and his wife,
3 Sharon L. Sawicki, by the City of Tallahassee;
4 providing for an appropriation to compensate them for
5 injuries sustained by Mr. Sawicki as a result of the
6 negligence of an employee of the City of Tallahassee;
7 providing a limitation on the payment of fees and
8 costs; providing that certain payments and the
9 appropriation satisfy all present and future claims
10 related to the negligent act; providing an effective
11 date.
12
13 WHEREAS, on the morning of October 2, 2009, Mark T. Sawicki
14 was riding his bicycle on his way to Florida State University in
15 Tallahassee, where he works as an engineer, and
16 WHEREAS, Mark T. Sawicki was stopped at the intersection of
17 Call Street and North Monroe Street while waiting to cross the
18 street, and
19 WHEREAS, a solid waste collection vehicle, owned by the
20 City of Tallahassee and operated by a city employee, was making
21 a right-hand turn and ran over Mark T. Sawicki, and
22 WHEREAS, as a result of the foregoing incident, Mark T.
23 Sawicki sustained multiple fractures, including, but not limited
24 to, fractures to his right and left pelvic region, right femur,
25 right acetabulum pubic ramus, and sacrum; a torn urethra;
26 multiple abrasions and lacerations to his right thigh and upper
27 and lower extremities; and neurological damage to his right
28 lower extremities, resulting in a dropped foot, and
29 WHEREAS, on June 7, 2010, a complaint was filed on behalf
30 of Mark T. Sawicki and his wife, Sharon L. Sawicki, against the
31 City of Tallahassee in the Circuit Court for Leon County, Case
32 No. 2010-CA-1984, to recover damages for the injuries sustained
33 by Mark T. Sawicki as a result of the negligence of the City of
34 Tallahassee employee, and
35 WHEREAS, the City of Tallahassee, Mark T. Sawicki, and his
36 wife, Sharon L. Sawicki, reached a settlement of the case that
37 includes a lump-sum payment in the amount of $900,000, and
38 WHEREAS, the City of Tallahassee paid $200,000 of the
39 settlement pursuant to the statutory limits of liability set
40 forth in s. 768.28, Florida Statutes, and
41 WHEREAS, the City of Tallahassee fully supports the passage
42 of this claim bill, NOW, 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 City of Tallahassee is authorized and
49 directed to appropriate from funds of the city not otherwise
50 appropriated and to draw a warrant, payable to Mark T. Sawicki
51 and his wife, Sharon L. Sawicki, for the total amount of
52 $700,000 as compensation for injuries and damages sustained as a
53 result of the negligence of an employee of the City of
54 Tallahassee.
55 Section 3. The total amount paid for attorney fees,
56 lobbying fees, costs, and other similar expenses relating to
57 this claim may not exceed 25 percent of the amount awarded under
58 this act.
59 Section 4. The amount paid by the City of Tallahassee
60 pursuant to s. 768.28, Florida Statutes, and the amount awarded
61 under this act is intended to provide the sole compensation for
62 all present and future claims arising out of the factual
63 situation described in this act which resulted in the injuries
64 to Mark T. Sawicki.
65 Section 5. This act shall take effect upon becoming a law.