Florida Senate - 2015                              (NP)    SB 52
       
       
        
       By Senator Negron
       
       
       
       
       
       32-00040A-15                                            201552__
    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, as beneficiaries
    5         of the Estate of Manuel Antonio Matute, by the Palm
    6         Beach County Sheriff’s Office; providing for an
    7         appropriation to compensate them for the wrongful
    8         death of their father, Manuel Antonio Matute, as a
    9         result of the negligence of an employee of the Palm
   10         Beach County Sheriff’s Office; providing that the
   11         amount paid by the sheriff’s office and the
   12         appropriation satisfy all present and future claims
   13         related to the negligent act; providing a limitation
   14         on the payment of fees and costs; providing an
   15         effective date.
   16  
   17         WHEREAS, on October 29, 2008, Manuel Antonio Matute, age
   18  60, was hit head-on by a vehicle owned by the Palm Beach County
   19  Sheriff’s Office and driven by a Palm Beach County deputy
   20  sheriff, after the deputy sheriff lost control of the vehicle on
   21  U.S. Highway 441 in Palm Beach County, and
   22         WHEREAS, Mr. Matute was killed as a result of the accident,
   23  and
   24         WHEREAS, one of Mr. Matute’s surviving children, Eddna
   25  Torres De Mayne, brought a wrongful-death action against the
   26  Palm Beach County Sheriff’s Office seeking damages for herself
   27  and her siblings, Criss Matute, Christian Manuel Torres, Lansky
   28  Torres, and Nasdry Yamileth Torres Barahona, for their anguish
   29  and mental pain and suffering due to the tragic death of their
   30  father, and
   31         WHEREAS, on January 4, 2011, the Palm Beach County
   32  Sheriff’s Office offered to settle the claim for the amount of
   33  $500,000 and Ms. Torres De Mayne, as personal representative of
   34  the Estate of Manuel Antonio Matute, accepted the Sheriff’s
   35  offer on or about January 9, 2011, and
   36         WHEREAS, in May 2011, the Palm Beach County Sheriff’s
   37  Office tendered to Ms. Torres De Mayne, as personal
   38  representative of the Estate of Manuel Antonio Matute, a payment
   39  of $128,149.02 in accordance with the remaining statutory limits
   40  of liability set forth in s. 768.28, Florida Statutes, and
   41         WHEREAS, Ms. Torres De Mayne, as personal representative of
   42  the Estate of Manuel Antonio Matute, seeks satisfaction of the
   43  balance of the settlement agreement, which is $371,850.98, NOW,
   44  THEREFORE,
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. The facts stated in the preamble to this act are
   49  found and declared to be true.
   50         Section 2. The Palm Beach County Sheriff’s Office is
   51  authorized and directed to appropriate from funds of the county
   52  not otherwise appropriated and to draw a warrant in the sum of
   53  $371,850.98 to Eddna Torres De Mayne, as personal representative
   54  of the Estate of Manuel Antonio Matute, as compensation for the
   55  wrongful death of Mr. Matute as a result of the negligence of an
   56  employee of the sheriff’s office.
   57         Section 3. The amount paid by the Palm Beach County
   58  Sheriff’s Office pursuant to s. 768.28, Florida Statutes, and
   59  the amount awarded under this act are intended to provide the
   60  sole compensation for all present and future claims arising out
   61  of the factual situation described in this act which resulted in
   62  the death of Mr. Matute. The total amount paid for attorney
   63  fees, lobbying fees, costs, and other similar expenses relating
   64  to this claim may not exceed 25 percent of the amount awarded
   65  under this act.
   66         Section 4. This act shall take effect upon becoming a law.