Florida Senate - 2012                              (NP)    SB 52
       By Senator Negron
       28-00179A-12                                            201252__
    1                        A bill to be entitled                      
    2         An act for the relief of Criss Matute, Christian
    3         Manuel Torres, Eddna Torres De Mayne, Lansky Torres,
    4         and Nasdry Yamileth Torres Barahona by the Palm Beach
    5         County Sheriff’s Office; providing for an
    6         appropriation to compensate them for injuries
    7         sustained as a result of the negligence of the Palm
    8         Beach County Sheriff’s Office for the wrongful death
    9         of their father, Manuel Antonio Matute; providing a
   10         limitation on the payment of fees and costs; providing
   11         an effective date.
   13         WHEREAS, Manuel Antonio Matute, age 60, was killed on
   14  October 29, 2008, when he was hit head-on by a sheriff’s office
   15  vehicle whose driver, a Palm Beach County Deputy Sheriff, lost
   16  control of the vehicle on South Military Trail in West Palm
   17  Beach, Palm Beach County, and
   18         WHEREAS, Manuel A. Matute’s surviving child, Eddna Torres
   19  De Mayne, brought a wrongful-death action against the Palm Beach
   20  County Sheriff’s Office seeking damages for her siblings, Criss
   21  Matute, Christian Manuel Torres, Lansky Torres, and Nasdry
   22  Yamileth Torres Barahona, and herself for their anguish and
   23  mental pain and suffering due to the tragic death of their
   24  father, and
   25         WHEREAS, on January 4, 2011, the Palm Beach County
   26  Sheriff’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
   29  Office tendered to Eddna Torres De Mayne, as personal
   30  representative of the Estate of Manuel A. Matute, a payment of
   31  $128,149.02 in accordance with the statutory limits of liability
   32  set forth in s. 768.28, Florida Statutes, and
   33         WHEREAS, Eddna Torres De Mayne, as personal representative
   34  of the Estate of Manuel A. Matute, seeks satisfaction of the
   35  balance of the settlement agreement which is $371,850.98, NOW,
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. The facts stated in the preamble to this act are
   41  found and declared to be true.
   42         Section 2. The Palm Beach County Sheriff’s Office is
   43  authorized and directed to appropriate from funds of the county
   44  not otherwise appropriated and to draw a warrant in the sum of
   45  $371,850.98, payable to Eddna Torres De Mayne, as personal
   46  representative of the Estate of Manuel A. Matute, as
   47  compensation for injuries and damages sustained due to the
   48  wrongful death of Manuel Antonio Matute.
   49         Section 3. The amount paid by the Palm Beach County
   50  Sheriff’s Office pursuant to s. 768.28, Florida Statutes, and
   51  the amount awarded under this act are intended to provide the
   52  sole compensation for all present and future claims arising out
   53  of the factual situation described in this act which resulted in
   54  the death of Manuel Antonio Matute. The total amount paid for
   55  attorney’s fees, lobbying fees, costs, and other similar
   56  expenses relating to this claim may not exceed 25 percent of the
   57  amount awarded under this act.
   58         Section 4. This act shall take effect upon becoming a law.