CS/CS/HB 189

1
A bill to be entitled
2An act for the relief of Laura Laporte; providing an
3appropriation to compensate Laura Laporte for injuries she
4sustained as a result of the negligence of an employee of
5the Department of Agriculture and Consumer Services;
6authorizing specified trust fund expenditures; providing
7for a limitation on payment of fees and costs; providing
8an effective date.
9
10     WHEREAS, on October 9, 1999, Sandra Jackson, a grove
11inspector for the Department of Agriculture and Consumer
12Services, was driving a four-wheel-drive truck southward on 66th
13Avenue in Indian River County, Florida, a straight two-lane
14road, and
15     WHEREAS, Ms. Jackson's vehicle pulled into the path of a
16vehicle driven northward on 66th Avenue by Laura Laporte,
17causing the vehicles to collide nearly head-on and extensively
18damaging both vehicles, and
19     WHEREAS, at the time of the accident, Ms. Jackson was
20acting within the course and scope of her employment, and the
21Department of Agriculture and Consumer Services admitted
22liability for the negligent conduct of its employee, and
23     WHEREAS, medical records obtained during the court case
24filed on behalf of Laura Laporte revealed that Ms. Jackson had
25opiates and benzodiazepines in her system at the time of the
26accident, and
27     WHEREAS, the crash severely injured Laura Laporte's lower
28extremities and, over the following 2 years, Ms. Laporte
29underwent four major orthopedic surgeries to her legs at a cost
30in excess of $160,000, and
31     WHEREAS, notwithstanding surgical intervention, Ms. Laporte
32remains in extensive pain, has impaired mobility, and, according
33to her physicians, will be permanently impaired, in spite of
34anticipated surgery, and
35     WHEREAS, the cost of future medical expenses and household
36assistance for Ms. Laporte is anticipated to approach $500,000,
37and
38     WHEREAS, in addition to the injuries suffered on October 9,
391999, Ms. Laporte suffers from muscular dystrophy, which was
40diagnosed when she was a teenager and which mainly affects the
41strength of her upper extremities, and
42     WHEREAS, notwithstanding her physical limitations, before
43the accident Ms. Laporte was very active as the owner of a
44mobile petting zoo, operated numerous summer and after-school
45programs for children, and spent many hours riding horses, and
46     WHEREAS, following the accident, Ms. Laporte is unable to
47properly care for her animals and requires assistance if she
48falls, and
49     WHEREAS, on January 10, 2002, a jury returned a verdict
50awarding $5,582,776.82 in damages to Laura Laporte, and the
51Department of Agriculture and Consumer Services moved for a
52remittitur, claiming that the damage award was excessive, and
53     WHEREAS, the trial judge affirmed the jury's decision, and
54a final judgment in the amount of $5,600,647.81, representing
55the amount of the verdict plus taxable costs, was signed by the
56court on May 13, 2002, and
57     WHEREAS, the Department of Agriculture and Consumer
58Services has paid $100,000 pursuant to its obligation under
59section 768.28, Florida Statutes, leaving a remaining excess
60judgment amount of $5,500,647.81, NOW, THEREFORE,
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  The facts stated in the preamble to this act
65are found and declared to be true.
66     Section 2.  The total sum of $4,000,000 is appropriated to
67the Department of Agriculture and Consumer Services as follows:
68     (1)  Two million dollars from the General Revenue Fund; and
69     (2)  Two million dollars from the Incidental Trust Fund
70within the Department of Agriculture and Consumer Services
71
72for the relief of Laura Laporte for injuries and damages
73sustained.
74     Section 3.  Notwithstanding any statutory limitation on the
75use of money in the trust fund from which money is appropriated
76by this act, expenditures from that trust fund are hereby
77authorized during the 2007-2008 fiscal year as provided by this
78act.
79     Section 4.  The Chief Financial Officer is directed to draw
80a warrant in favor of Laura Laporte in the sum of $4,000,000
81upon funds of the Department of Agriculture and Consumer
82Services, and the Chief Financial Officer is directed to pay the
83same out of such funds in the State Treasury.
84     Section 5.  This award is intended to provide the sole
85compensation for any present and future claims arising out of
86the factual situation in connection with the injury to Laura
87Laporte. Not more than 25 percent of the award may be paid by
88the claimant for attorney's fees, lobbying fees, costs, or other
89similar expenses.
90     Section 6.  This act shall take effect upon becoming a law.


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