Florida Senate - 2014                              (NP)    SB 14
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00006-14                                              201414__
    1                        A bill to be entitled                      
    2         An act relating to the City of Tallahassee; providing
    3         for the relief of Mark T. Sawicki and his wife, Sharon
    4         L. Sawicki, individually, by the City of Tallahassee;
    5         providing for an appropriation to compensate them for
    6         injuries sustained by Mr. Sawicki as a result of the
    7         negligence of the City of Tallahassee; providing a
    8         limitation on the payment of fees and costs; providing
    9         an effective date.
   10  
   11         WHEREAS, on the morning of October 2, 2009, Mark T. Sawicki
   12  was riding his bicycle on his way to Florida State University in
   13  Tallahassee, where he works as an engineer, and
   14         WHEREAS, Mark T. Sawicki was stopped at the intersection of
   15  Call Street and North Monroe Street while waiting to cross the
   16  street, and
   17         WHEREAS, a solid waste collection vehicle, owned by the
   18  City of Tallahassee and operated by a city employee, was making
   19  a right-hand turn and knocked Mark T. Sawicki over, and
   20         WHEREAS, as a result of the foregoing incident, Mark T.
   21  Sawicki sustained multiple fractures, including, but not limited
   22  to, fractures to his right and left pelvic region, right femur,
   23  right acetabulum pubic ramus, and sacrum; a torn urethra;
   24  multiple abrasions and lacerations to his right thigh and upper
   25  and lower extremities; and neurological damage to his right
   26  lower extremities, resulting in a dropped foot, and
   27         WHEREAS, on June 7, 2010, a complaint was filed on behalf
   28  of Mark T. Sawicki and his wife, Sharon L. Sawicki, against the
   29  City of Tallahassee in the Circuit Court for Leon County, Case
   30  No. 2010-CA-1984, and
   31         WHEREAS, the City of Tallahassee, Mark T. Sawicki, and his
   32  wife, Sharon L. Sawicki, have reached a settlement that includes
   33  a lump-sum payment in the amount of $900,000, and
   34         WHEREAS, the City of Tallahassee has already paid $200,000
   35  under the statutory limits of liability set forth in s. 768.28,
   36  Florida Statutes, and
   37         WHEREAS, the City of Tallahassee fully supports the passage
   38  of this claim bill, NOW, THEREFORE,
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. The facts stated in the preamble to this act are
   43  found and declared to be true.
   44         Section 2. The City of Tallahassee is authorized and
   45  directed to appropriate from funds of the city not otherwise
   46  appropriated and to draw a warrant, payable to Mark T. Sawicki
   47  and his wife, Sharon L. Sawicki, for the total amount of
   48  $700,000 as compensation for injuries and damages sustained as a
   49  result of the negligence of an employee of the City of
   50  Tallahassee.
   51         Section 3. The total amount paid for attorney fees,
   52  lobbying fees, costs, and other similar expenses relating to
   53  this claim may not exceed 25 percent of the amount awarded under
   54  this act.
   55         Section 4. The compensation awarded under this act is
   56  intended to provide the sole compensation for all present and
   57  future claims arising out of the factual situation described in
   58  this act which resulted in the injuries to Mark T. Sawicki.
   59         Section 5. This act shall take effect upon becoming a law.