Florida Senate - 2016                              (NP)    SB 20
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00040-16                                             201620__
    1                        A bill to be entitled                      
    2         An act for the relief of Rafael Zaldivar and Kyoko
    3         Zaldivar, parents of Alex Zaldivar, deceased,
    4         individually and as co-personal representatives of the
    5         Estate of Alex Zaldivar, and Brienna Campos and
    6         Remington Campos by Orange County; providing for an
    7         appropriation to compensate Rafael Zaldivar and Kyoko
    8         Zaldivar for the death of Alex Zaldivar and to
    9         compensate Brienna Campos and Remington Campos for the
   10         injuries and damages they sustained as a result of the
   11         negligence of Orange County; providing a limitation on
   12         the payment of fees and costs; providing an effective
   13         date.
   14  
   15         WHEREAS, on September 10, 2012, Alex Zaldivar, deceased,
   16  Brienna Campos, and Remington Campos were attacked and shot
   17  during a home invasion robbery perpetrated by Bessman Okafor,
   18  who was being monitored by Orange County Corrections
   19  Department’s Community Corrections Division, and
   20         WHEREAS, the Estate of Alex Zaldivar and Brienna Campos and
   21  Remington Campos have alleged that the negligence of Orange
   22  County was the proximate cause of the death of Alex Zaldivar and
   23  the injuries sustained by Brienna Campos and Remington Campos,
   24  and
   25         WHEREAS, Rafael Zaldivar and Kyoko Zaldivar, as parents of
   26  Alex Zaldivar, and Brienna Campos and Remington Campos have
   27  suffered extreme mental anguish and undergone great suffering as
   28  a result of the events of September 10, 2012, and
   29         WHEREAS, Orange County and the Estate of Alex Zaldivar have
   30  agreed to settle the Estate’s claim for $300,000; Orange County
   31  and Brienna Campos have agreed to settle her claim for $200,000;
   32  and Orange County and Remington Campos have agreed to settle his
   33  claim for $200,000, and
   34         WHEREAS, pursuant to the settlement agreements, Orange
   35  County has paid $100,000 to each of the claimants, leaving an
   36  unpaid balance of $200,000 for the Estate of Alex Zaldivar and
   37  $100,000 each for Brienna Campos and Remington Campos, and
   38         WHEREAS, the respective claims of the Estate of Alex
   39  Zaldivar, Brienna Campos, and Remington Campos will be fully
   40  satisfied upon payment by Orange County to the Estate of Alex
   41  Zaldivar in the amount $200,000, to Brienna Campos in the amount
   42  of $100,000, and to Remington Campos in the amount of $100,000
   43  with the passage of a claim bill to pay the remaining balances,
   44  NOW, THEREFORE,
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. The facts stated in the preamble to this act are
   49  found and declared to be true.
   50         Section 2. Orange County is authorized and directed to
   51  appropriate from funds of the county not otherwise appropriated
   52  and to draw a warrant in the sum of $200,000 payable to the
   53  Estate of Alex Zaldivar, as compensation for injuries and
   54  damages sustained by Rafael Zaldivar and Kyoko Zaldivar, as
   55  parents of Alex Zaldivar, deceased; a warrant in the sum of
   56  $100,000 payable to Brienna Campos as compensation for the
   57  injuries and damages sustained by the claimant, and a warrant in
   58  the sum of $100,000 payable to Remington Campos as compensation
   59  for the injuries and damages sustained by the claimant.
   60         Section 3. The amount paid by Orange County pursuant to s.
   61  768.28, Florida Statutes, and the amount awarded under this act
   62  are intended to provide the sole compensation for all present
   63  and future claims arising out of the factual situation described
   64  in the preamble to this act which resulted in the death of Alex
   65  Zaldivar and the injuries to Brienna Campos and Remington
   66  Campos. The total amount paid for attorney fees, lobbying fees,
   67  costs, and similar expenses relating to this claim may not
   68  exceed 25 percent of the total amount awarded under this act.
   69  However, taxable costs, which may not include attorney fees and
   70  lobbying fees, related to the underlying civil action may be
   71  collected in addition to the aforementioned attorney fees and
   72  lobbying fees.
   73         Section 4. This act shall take effect upon becoming a law.