| 1 | A bill to be entitled |
| 2 | An act for the relief of Donna Sofka Marini (formerly |
| 3 | known as Donna Sofka) by Polk County; providing for an |
| 4 | appropriation to compensate her for injuries and damages |
| 5 | sustained due to the negligence of Polk County; providing |
| 6 | a limitation on the payment of fees and costs; providing |
| 7 | an effective date. |
| 8 |
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| 9 | WHEREAS, on December 28, 1988, Donna Sofka Marini (then |
| 10 | known as Donna Sofka) was involved in a vehicular accident that |
| 11 | left her a quadriplegic, and |
| 12 | WHEREAS, on that date, Donna Sofka Marini was driving her |
| 13 | car westward on East Lamp Post Lane north of Lakeland, where |
| 14 | East Post Lane meets Old Polk City Road at the crest of a small |
| 15 | hill, and |
| 16 | WHEREAS, East Lamp Post Lane had recently been extended |
| 17 | past Old Polk City Road into a relatively new road named West |
| 18 | Lamp Post Lane, but there was no stop sign or other marking |
| 19 | denoting the intersection, and |
| 20 | WHEREAS, despite Polk County's knowledge that recent |
| 21 | construction in the area had created a four-way intersection and |
| 22 | essentially a "through" street, traffic-control devices had not |
| 23 | been installed at the time of the accident, and |
| 24 | WHEREAS, suit was filed against various defendants, |
| 25 | including Polk County, and, at trial, unrebutted testimony |
| 26 | established that the creation of the four-way intersection |
| 27 | created a dangerous condition, and |
| 28 | WHEREAS, Polk County's own traffic-sign foreman concurred |
| 29 | that the intersection was dangerous, and the manual used by the |
| 30 | county clearly indicated that traffic control devices were |
| 31 | needed at the intersection, and |
| 32 | WHEREAS, the jury agreed and awarded Donna Sofka Marini |
| 33 | $6.5 million in damages, in accordance with the degree of |
| 34 | responsibility for the accident attributed to the county, which |
| 35 | was 77 percent, and |
| 36 | WHEREAS, after years of appeals and a new trial, a |
| 37 | Stipulated Final Judgment in the amount of $600,000 against the |
| 38 | county was entered into by the parties, NOW, THEREFORE, |
| 39 |
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| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
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| 42 | Section 1. The facts stated in the preamble to this act |
| 43 | are found and declared to be true. |
| 44 | Section 2. The Board of County Commissioners of Polk |
| 45 | County is authorized and directed to appropriate from funds of |
| 46 | the county not otherwise appropriated and to draw a warrant |
| 47 | payable to Donna Sofka Marini for the total amount of $600,000 |
| 48 | as compensation for injuries and damages sustained as a result |
| 49 | of the negligence of Polk County. |
| 50 | Section 3. Any amount awarded under this act pursuant to |
| 51 | the waiver of sovereign immunity permitted under s. 768.28, |
| 52 | Florida Statutes, and this award is intended to provide the sole |
| 53 | compensation for all present and future claims arising out of |
| 54 | the factual situation described in the preamble to this act |
| 55 | which resulted in the injury to Donna Sofka Marini. The total |
| 56 | amount paid for attorney's fees, lobbying fees, costs, and other |
| 57 | similar expenses relating to this claim may not exceed 25 |
| 58 | percent of the amount awarded under section 2. |
| 59 | Section 4. This act shall take effect upon becoming a law. |