| 1 | A bill to be entitled |
| 2 | An act for the relief of Stacie Wagner (formerly known as |
| 3 | Stacie Reyes), mother of decedent Angelica Hernandez, a |
| 4 | minor, by Orange County; providing for an appropriation to |
| 5 | compensate her for injuries and damages resulting in the |
| 6 | death of her minor child due to the negligence of an |
| 7 | employee of the Orange County Fire Department; providing |
| 8 | for attorney's fees; providing an effective date. |
| 9 |
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| 10 | WHEREAS, on June 4, 2001, at approximately 8:47 p.m., while |
| 11 | returning to her home, Angelica Hernandez, the 11-year-old |
| 12 | daughter of Stacie Wagner (then known as Stacie Reyes), was |
| 13 | struck and killed by an Orange County Fire Department van as she |
| 14 | was crossing Semoran Boulevard (SR 436) approximately 637 feet |
| 15 | south of the Aloma Avenue intersection, and |
| 16 | WHEREAS, the van was driven by an Orange County firefighter |
| 17 | who was acting in the course and scope of his employment, and |
| 18 | WHEREAS, after nearly 4 years of litigation and discovery, |
| 19 | a trial was conducted and, on April 1, 2005, the jury returned a |
| 20 | verdict in the amount of $1.4 million for Stacie Wagner's pain |
| 21 | and suffering for the loss of Angelica and $8,000 to cover the |
| 22 | cost of funeral expenses, and |
| 23 | WHEREAS, having found that Orange County was 61-percent |
| 24 | liable in causing Angelica's death and that Angelica was 39- |
| 25 | percent liable, the jury reduced the award to $858,880, and |
| 26 | WHEREAS, after denying several posttrial motions by the |
| 27 | county, the judge, on June 28, 2005, entered a final judgment in |
| 28 | the amount of $900,880, including the award of $858,880 and an |
| 29 | additional $42,000 for reimbursement of the cost of the expert |
| 30 | witnesses and trial-related costs, and |
| 31 | WHEREAS, pursuant to the limits of liability set forth in |
| 32 | s. 768.28, Florida Statutes, Orange County has paid $100,000, |
| 33 | leaving a balance owed in the amount of $800,880, NOW, |
| 34 | THEREFORE, |
| 35 |
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| 36 | Be It Enacted by the Legislature of the State of Florida: |
| 37 |
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| 38 | Section 1. The facts stated in the preamble to this act |
| 39 | are found and declared to be true. |
| 40 | Section 2. Orange County is authorized and directed to |
| 41 | appropriate from funds of the county not otherwise appropriated |
| 42 | and to draw a warrant payable to Stacie Wagner, mother of |
| 43 | decedent minor Angelica Hernandez, for the total amount of |
| 44 | $800,880, as compensation for injuries and damages sustained due |
| 45 | to the death of her daughter as a result of the negligence of an |
| 46 | employee of the Orange County Fire Department. Such funds are |
| 47 | inclusive of costs and attorney's fees as limited by s. 768.28, |
| 48 | Florida Statutes. |
| 49 | Section 3. This act shall take effect upon becoming a law. |