HB 293

A bill to be entitled
2An act for the relief of Criss Matute, Christian
3Manuel Torres, Eddna Torres De Mayne, Lansky Torres,
4and Nasdry Yamileth Torres Barahona by the Palm Beach
5County Sheriff's Office; providing for an
6appropriation to compensate them for injuries
7sustained as a result of the negligence of the Palm
8Beach County Sheriff's Office for the wrongful death
9of their father, Manuel Antonio Matute; providing a
10limitation on the payment of fees and costs; providing
11an effective date.
13     WHEREAS, Manuel Antonio Matute, age 60, was killed on
14October 29, 2008, when he was hit head-on by a sheriff's office
15vehicle whose driver, a Palm Beach County Deputy Sheriff, lost
16control of the vehicle on South Military Trail in West Palm
17Beach, Palm Beach County, and
18     WHEREAS, Manuel A. Matute's surviving child, Eddna Torres
19De Mayne, brought a wrongful-death action against the Palm Beach
20County Sheriff's Office seeking damages for her siblings, Criss
21Matute, Christian Manuel Torres, Lansky Torres, and Nasdry
22Yamileth Torres Barahona, and herself for their anguish and
23mental pain and suffering due to the tragic death of their
24father, and
25     WHEREAS, on January 4, 2011, the Palm Beach County
26Sheriff's Office agreed to settle the claim in the amount of
27$500,000, and
28     WHEREAS, in May 2011, the Palm Beach County Sheriff's
29Office tendered to Eddna Torres De Mayne, as personal
30representative of the Estate of Manuel A. Matute, a payment of
31$128,149.02 in accordance with the statutory limits of liability
32set forth in s. 768.28, Florida Statutes, and
33     WHEREAS, Eddna Torres De Mayne, as personal representative
34of the Estate of Manuel A. Matute, seeks satisfaction of the
35balance of the settlement agreement which is $371,850.98, NOW,
38Be It Enacted by the Legislature of the State of Florida:
40     Section 1.  The facts stated in the preamble to this act
41are found and declared to be true.
42     Section 2.  The Palm Beach County Sheriff's Office is
43authorized and directed to appropriate from funds of the county
44not otherwise appropriated and to draw a warrant in the sum of
45$371,850.98, payable to Eddna Torres De Mayne, as personal
46representative of the Estate of Manuel A. Matute, as
47compensation for injuries and damages sustained due to the
48wrongful death of Manuel Antonio Matute.
49     Section 3.  The amount paid by the Palm Beach County
50Sheriff's Office pursuant to s. 768.28, Florida Statutes, and
51the amount awarded under this act are intended to provide the
52sole compensation for all present and future claims arising out
53of the factual situation described in this act which resulted in
54the death of Manuel Antonio Matute. The total amount paid for
55attorney's fees, lobbying fees, costs, and other similar
56expenses relating to this claim may not exceed 25 percent of the
57amount awarded under this act.
58     Section 4.  This act shall take effect upon becoming a law.

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