Florida Senate - 2016 CS for SB 20 By the Committee on Fiscal Policy; and Senator Diaz de la Portilla 594-04092-16 201620c1 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 Section 4. This act shall take effect upon becoming a law.