Florida Senate - 2015                              (NP)    SB 84
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00037-15                                             201584__
    1                        A bill to be entitled                      
    2         An act for the relief of Sharon Robinson,
    3         individually, as guardian of Mark Robinson, and as
    4         personal representative of the Estate of Matthew
    5         Robinson; providing an appropriation to compensate her
    6         and her son for the death of Matthew Robinson and for
    7         injuries and damages they sustained as a result of the
    8         negligence of the Central Florida Regional
    9         Transportation Authority as operator of Lynx buses;
   10         providing that the amount already paid by the
   11         authority and the appropriation satisfy all present
   12         and future claims related to the negligent act;
   13         providing a limitation on the payment of fees and
   14         costs; providing an effective date.
   15  
   16         WHEREAS, on November 4, 2010, Matthew Robinson, 10, and
   17  Mark Robinson, 12, both children of Sharon Robinson, were
   18  crossing the street at the intersection of Columbia Avenue and
   19  Dyer Street in Kissimmee, and
   20         WHEREAS, Matthew Robinson and Mark Robinson were struck by
   21  the front bike rack of a Lynx bus while in the crosswalk and
   22  dragged underneath the bus when the driver of the bus failed to
   23  yield to pedestrians in the crosswalk, and
   24         WHEREAS, while the bus was still moving, Mark Robinson was
   25  able to crawl out to safety, but Matthew Robinson’s belt loop
   26  was caught in the undercarriage of the bus, and
   27         WHEREAS, Matthew Robinson was dragged underneath the bus
   28  until the rear tire crushed his head, and
   29         WHEREAS, Matthew Robinson was pronounced dead at the scene,
   30  and
   31         WHEREAS, Mark Robinson was transported to the hospital via
   32  ambulance and diagnosed with a stress fracture of the vertebrae
   33  with spondolysthesis, and
   34         WHEREAS, Mark Robinson wore a brace until he recovered from
   35  his physical injuries, but has permanent injury due to the
   36  spondolysthesis, and
   37         WHEREAS, Mark Robinson’s medical bills total $27,137.90,
   38  and
   39         WHEREAS, Sharon Robinson and Mark Robinson both suffer from
   40  posttraumatic stress disorder, and Ms. Robinson suffers from
   41  symptoms placing her in the range of severe depression, and
   42         WHEREAS, the driver of the bus that struck Matthew Robinson
   43  and Mark Robinson had been previously involved in six
   44  preventable accidents, and
   45         WHEREAS, the driver was found guilty of violating s.
   46  316.075, Florida Statutes, and was terminated by Lynx for
   47  violation of safety policies and procedures after a finding that
   48  the accident was preventable, and
   49         WHEREAS, Sharon Robinson, individually, as guardian of Mark
   50  Robinson, and as personal representative of the Estate of
   51  Matthew Robinson, filed a lawsuit against Central Florida
   52  Regional Transportation Authority, which operates Lynx, in the
   53  Ninth Judicial Circuit in Osceola County, and
   54         WHEREAS, before trial, the respondent admitted liability,
   55  and the parties reached a settlement agreement totaling $3.2
   56  million, of which the Central Florida Regional Transportation
   57  Authority has paid $200,000 under the statutory limits of
   58  liability set forth in s. 768.28, Florida Statutes, and
   59         WHEREAS, the Central Florida Regional Transportation
   60  Authority fully supports the passage of this claim bill for the
   61  unpaid portion of the settlement amount, NOW, THEREFORE,
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. The facts stated in the preamble to this act are
   66  found and declared to be true.
   67         Section 2. There is appropriated from the General Revenue
   68  Fund to the Central Florida Regional Transportation Authority
   69  the sum of $3 million for the relief of Sharon Robinson,
   70  individually, as guardian of Mark Robinson, and as personal
   71  representative of the Estate of Matthew Robinson for injuries
   72  and damages sustained by Mark Robinson and Sharon Robinson and
   73  the death of Matthew Robinson.
   74         Section 3. The Chief Financial Officer is directed to draw
   75  a warrant in favor of Sharon Robinson, individually, as guardian
   76  of Mark Robinson, and as personal representative of the Estate
   77  of Matthew Robinson in the sum of $3 million upon funds of the
   78  Central Florida Regional Transportation Authority in the State
   79  Treasury, and the Chief Financial Officer is directed to pay the
   80  same out of such funds in the State Treasury.
   81         Section 4. The amount paid by the Central Florida Regional
   82  Transportation Authority pursuant to s. 768.28, Florida
   83  Statutes, and the amount awarded under this act are intended to
   84  provide the sole compensation for all present and future claims
   85  arising out of the factual situation described in the preamble
   86  to this act which resulted in the death of Matthew Robinson and
   87  the injuries and damages sustained by Mark and Sharon Robinson.
   88  The total amount paid for attorney fees, lobbying fees, costs,
   89  and other similar expenses relating to this claim may not exceed
   90  25 percent of the amount awarded under this act.
   91         Section 5. This act shall take effect upon becoming a law.