Florida Senate - 2008 (Reformatted) SB 18

By Senator Atwater

25-00141-08 200818__

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A bill to be entitled

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An act for the relief of Laura D. Strazza; providing an

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appropriation to compensate her for injuries she sustained

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as a result of the negligence of an employee of the

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Department of Agriculture and Consumer Services; providing

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a limitation on the payment of fees and costs; providing

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an effective date.

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     WHEREAS, on April 25, 1996, Laura D. Strazza was riding as a

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passenger in a motor vehicle on U.S. 1 in Juno Beach, Palm Beach

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County, and

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     WHEREAS, an employee of the Department of Agriculture and

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Consumer Services, Division of Forestry, was operating, on and

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next to that highway, a large transport truck that collided with

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the motor vehicle in which Laura D. Strazza was a passenger, and

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     WHEREAS, as a consequence of this motor vehicle crash, Laura

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D. Strazza sustained multiple grievous injuries such that she has

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been unable to work, has undergone surgical procedures, and needs

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to undergo future surgical procedures, and

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     WHEREAS, a legal action was brought by Laura Strazza, a

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single woman, against the Department of Agriculture and Consumer

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Services, and

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     WHEREAS, on July 13, 1999, a jury rendered a verdict in

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favor of Laura D. Strazza, finding that the Department of

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Agriculture and Consumer Services was partly negligent in causing

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a motor vehicle crash between the vehicle in which Ms. Strazza

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was riding as a passenger and the department's transport truck,

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and

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     WHEREAS, the jury rendered damages in the amount of

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$1,464,000, and, after reduction for collateral sources and

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comparative negligence of the driver of the vehicle in which Ms.

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Strazza was riding, a Final Judgment in the amount of $944,829

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and a Cost Judgment in the amount of $32,490.62, both bearing

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interest at the statutory rate of 10 percent per year, were

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entered against the Department of Agriculture and Consumer

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Services, and

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     WHEREAS, the Department of Agriculture and Consumer Services

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has paid Laura Strazza $100,000, the maximum amount allowable

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under s. 768.28, Florida Statutes, and the remainder owed under

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the judgment will be $877,319.62, plus $5,002.60 in additional

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costs, for a total amount of $882,322.22, NOW, THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. There is appropriated from the General Revenue

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Fund to the Department of Agriculture and Consumer Services the

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sum of $882,322.22 for the relief of Laura D. Strazza for

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injuries and damages sustained by her.

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     Section 3. The Chief Financial Officer is directed to draw

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a warrant in favor of Laura D. Strazza in the amount of

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$882,322.22, upon funds of the Department of Agriculture and

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Consumer Services in the State Treasury, and the Chief Financial

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Officer is directed to pay the same out of such funds in the

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State Treasury.

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     Section 4. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in

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injuries to Laura D. Strazza. The total amount paid for

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attorney's fees, lobbying fees, costs, and other similar expenses

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relating to this claim may not exceed 25 percent of the amount

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awarded under this act.

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     Section 5.  This act shall take effect upon becoming a law.

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