Senate Bill 0002c1

                               CS for SB 2

    By the Committee on Transportation and Senator Childers





    306-585-98

  1                      A bill to be entitled

  2         An act for the relief of David Kelley and the

  3         Estate of Alto Kelley; providing an

  4         appropriation as compensation for injuries and

  5         damages sustained as a result of the negligence

  6         of the Department of Transportation; providing

  7         an effective date.

  8

  9         WHEREAS, on February 15, 1996, Elizabeth Townsend, an

10  employee of the State of Florida, Department of

11  Transportation, was driving a vehicle owned by the Department

12  of Transportation on Highway 87 in Santa Rosa County, and

13         WHEREAS, on February 15, 1996, David Kelley was driving

14  a vehicle on Highway 87 in Santa Rosa County in the opposite

15  direction of the vehicle being operated by Elizabeth Townsend,

16  and

17         WHEREAS, on February 15, 1996, Elizabeth Townsend lost

18  control of the Department of Transportation vehicle she was

19  operating, leaving the right-hand side of Highway 87 and then

20  reentering the roadway into the path of oncoming traffic and

21  the vehicle operated by David Kelley, and

22         WHEREAS, the Department of Transportation vehicle

23  operated by Elizabeth Townsend struck the vehicle driven by

24  David Kelley, severely injuring him and killing his father,

25  Alto Kelley, who was a passenger in the car, and

26         WHEREAS, the officer who investigated the accident

27  concluded that Elizabeth Townsend negligently operated her

28  vehicle and caused the accident, and

29         WHEREAS, Alto Kelley, who was killed in the accident,

30  was survived by two children under the age of 25, his son

31  David and his daughter Katina, and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                              CS for SB 2
    306-585-98




  1         WHEREAS, both David Kelley and Katina Kelley were

  2  financially and emotionally dependent on their father, Alto

  3  Kelley, and

  4         WHEREAS, Alto Kelley's daughter, Katina Kelley, lived

  5  with her father and was financially supported by her father,

  6  and

  7         WHEREAS, Alto Kelley's son, David Kelley, worked with

  8  his father in his business and depended on him financially and

  9  otherwise for the success of his business, and

10         WHEREAS, David Kelley suffered severe injuries as a

11  result of the accident, including multiple severe fractures

12  which have left him significantly disabled, and

13         WHEREAS, David Kelley sustained a distal radius

14  fracture, open ulnar fracture, femoral shaft fracture,

15  bimalleolar fracture of the right ankle, significant

16  separation of flesh from the elbow to the forearm, fractures

17  of the second, third, and fourth ribs, pneumothorax,

18  subcutaneous emphysema, and femoral neck fracture, and

19         WHEREAS, David Kelley has had numerous corrective

20  surgical procedures and has incurred medical bills in excess

21  of $100,000, and

22         WHEREAS, David Kelley will require additional surgeries

23  in the future, including a probable amputation below the left

24  knee due to complications from his ankle injury, and

25         WHEREAS, David Kelley's wife, Regina Kelley, has lost

26  the companionship, support, and society of her husband, and

27         WHEREAS, based on the Department of Transportation's

28  liability and the damages sustained by David Kelley, Regina

29  Kelley, and Katina Kelley as a result of the accident, the

30  Department of Transportation and the claimants have reached an

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                              CS for SB 2
    306-585-98




  1  agreement to settle this case for the amount of $1,600,000,

  2  and

  3         WHEREAS, the amount of $200,000 is payable pursuant to

  4  section 768.28, Florida Statutes, but the remainder of

  5  $1,400,000 may be paid only pursuant to the passage of this

  6  act, NOW, THEREFORE,

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  The facts stated in the preamble to this

11  act are found and declared to be true.

12         Section 2.  The sum of $1.4 million is appropriated

13  from the State Transportation Trust Fund to the Florida

14  Department of Transportation for the relief of David Kelly and

15  the Estate of Alto Kelly. The Florida Department of

16  Transportation is authorized to disburse and administer the

17  funds pursuant to the Stipulated Settlement Agreement.

18         Section 3.  This act shall take effect July 1, 1998.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                          Senate Bill 2

22

23  The CS provides that the $1.4 million appropriated from the
    State Transportation Trust Fund for the relief of David Kelley
24  and the Estate of Alto Kelley will be disbursed and
    administered by the Department of Transportation pursuant to
25  the Stipulated Settlement Agreement.

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