Florida Senate - 2010                       (NP)    CS for SB 50
       
       
       
       By the Committee on Community Affairs; and Senator Rich
       
       
       
       
       578-02707-10                                            201050c1
    1                        A bill to be entitled                      
    2         An act for the relief of Madonna Castillo by the City
    3         of Hialeah; providing for an appropriation to
    4         compensate her for injuries and damages that she
    5         sustained as a result of the negligence of the City of
    6         Hialeah; providing a limitation on the payment of fees
    7         and costs; providing an effective date.
    8  
    9         WHEREAS, on July 3, 1998, Madonna Castillo, a minor, was
   10  swimming in the public pool at Milander Park in the City of
   11  Hialeah, and
   12         WHEREAS, the City of Hialeah managed and operated the pool
   13  at Milander Park, and
   14         WHEREAS, city employees allowed swimmers to be rowdy in and
   15  around areas of the pool in which others were swimming, and
   16         WHEREAS, the lifeguard on duty had abandoned his post, and
   17         WHEREAS, while Madonna Castillo was standing in the pool
   18  talking to her sister, Madonna Castillo was struck in the eye by
   19  another swimmer, and
   20         WHEREAS, as a result of the incident, Madonna Castillo
   21  suffered total vision loss in her right eye and underwent two
   22  surgeries, including the insertion of a microvalve to regulate
   23  intraocular pressure, and
   24         WHEREAS, Madonna Castillo’s injuries will require the
   25  eventual removal of her right eye and the insertion of a
   26  prosthetic eye, and
   27         WHEREAS, after a jury trial resulting in a verdict in favor
   28  of Madonna Castillo, the City of Hialeah initiated appellate
   29  proceedings, and
   30         WHEREAS, the parties entered into a settlement agreement,
   31  pursuant to which, on April 2, 2004, the City of Hialeah paid to
   32  Madonna Castillo the sum of $200,000, and agreed to support a
   33  claim bill by the Legislature in the amount of $500,000 in favor
   34  of Madonna Castillo, NOW, THEREFORE,
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. The facts stated in the preamble to this act are
   39  found and declared to be true.
   40         Section 2. The City of Hialeah is authorized and directed
   41  to appropriate from funds of the city not otherwise appropriated
   42  and to draw ten consecutive annual warrants in the amount of
   43  $50,000 each, for a total settlement of $500,000, pursuant to
   44  the settlement agreement, payable to Friedman, Rodman, & Frank
   45  Trust and Madonna Castillo, which sum is inclusive of costs and
   46  attorney’s fees as limited in accordance with s. 768.28, Florida
   47  Statutes, as compensation for the injuries sustained by Madonna
   48  Castillo due to the negligence of the City of Hialeah. The first
   49  of the ten annual installments shall be paid on July 1, 2010,
   50  with annual installments to be paid each subsequent year on July
   51  1, concluding with the final installment to be paid on July 1,
   52  2019.
   53         Section 3. The amounts paid by the City of Hialeah pursuant
   54  to s. 768.28, Florida Statutes, and the amount awarded under
   55  this act are intended to provide the sole compensation for all
   56  present and future claims arising out of the factual situation
   57  described in the preamble to this act which resulted in the
   58  injuries sustained by Madonna Castillo. The total amount paid
   59  for attorney’s fees, lobbying fees, costs, and other similar
   60  expenses relating to this claim may not exceed 25 percent of the
   61  amount awarded under this act.
   62         Section 4. This act shall take effect upon becoming a law.