HB 0793

1
A bill to be entitled
2An act for the relief of Anthony John Angelillo by Miami-
3Dade County; authorizing and directing Miami-Dade County
4to compensate Anthony John Angelillo for injuries suffered
5due to the negligence of Miami-Dade County; providing an
6effective date.
7
8     WHEREAS, on April 30, 2002, Anthony John Angelillo was
9driving his motorcycle, and Miami-Dade Police Officer Barry
10Savage was driving an automobile owned by Miami-Dade County, and
11     WHEREAS, Officer Savage was on duty and was an agent and
12employee of Miami-Dade County and acting within the scope of his
13authority, and
14     WHEREAS, on April 30, 2002, a collision between the
15motorcycle driven by Anthony John Angelillo and the automobile
16driven by Officer Savage occurred at the intersection of
17Northwest 107th Avenue and Northwest 58th Street in Medley,
18Miami-Dade County, when Officer Savage turned his automobile
19onto Northwest 107th Avenue from Northwest 58th Street, and
20     WHEREAS, as a result of the accident, Anthony John
21Angelillo suffered severe bodily injury to his right arm, right
22elbow, and right shoulder, which are now permanently impaired; a
23broken clavicle; an impaired lung, which required surgery; and
24an injured left foot, which necessitated a muscle graft and
25which foot is permanently impaired, all of which required
26numerous medical procedures and operations, and
27     WHEREAS, as a result of the injuries, Anthony John
28Angelillo has constant pain which requires consistent
29medication; he is required to use a cane to walk; and he will
30need further medical procedures to his left foot and to his
31right extremity to allow him to fully straighten it and possibly
32use his right arm and shoulder for normal everyday activities in
33the future, and
34     WHEREAS, as a result of this accident, a legal action was
35filed by Anthony John Angelillo against Miami-Dade County in the
36Circuit Court of the Eleventh Judicial Circuit in and for Miami-
37Dade County (Case No. 01-11002-CA-20) alleging negligence on the
38part of Miami-Dade County, and
39     WHEREAS, Anthony John Angelillo and Miami-Dade County
40voluntarily settled this claim and lawsuit for the sum of
41$450,000, and
42     WHEREAS, since the maximum amount that may be awarded and
43voluntarily paid under section 768.28, Florida Statutes, the sum
44of $200,000, has been paid, Anthony John Angelillo petitions the
45Legislature for further payment in the amount of $250,000, and
46     WHEREAS, in the Settlement and Release of All Claims
47executed by the parties in the lawsuit filed in this matter,
48Miami-Dade County agreed not to object to a claim bill presented
49to the Florida Legislature in the amount of $250,000, NOW,
50THEREFORE,
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  The facts stated in the preamble to this act
55are found and declared to be true.
56     Section 2.  Miami-Dade County is authorized and directed to
57appropriate from funds of the county not otherwise encumbered
58and to pay, as agreed by the parties in accordance with the
59release of all claims, to Anthony John Angelillo the sum of
60$250,000 as compensation for injuries suffered due to the
61negligence of an employee of Miami-Dade County.
62     Section 3.  This act shall take effect upon becoming a law.


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