Florida Senate - 2018 (NP) SB 26 By Senator Garcia 36-00161A-18 201826__ 1 A bill to be entitled 2 An act for the relief of the Estate of Eric Scott 3 Tenner by Miami-Dade County; providing for an 4 appropriation to compensate his estate for damages 5 sustained as a result of the negligence of an employee 6 of the Miami-Dade County Board of Commissioners; 7 providing a limitation on the payment of attorney 8 fees; providing an effective date. 9 10 WHEREAS, on October 8, 2014, 45-year-old Eric Scott Tenner 11 was struck by a bus owned and operated by the Miami-Dade County 12 Board of Commissioners at approximately 7 a.m. near the 13 intersection of SW 124th Street and the U.S. 1 Busway in Miami 14 Dade County, and 15 WHEREAS, the bus driver who struck Mr. Tenner was 16 subsequently arrested and charged with the criminal offense of 17 leaving the scene of a crash involving serious bodily injury, a 18 felony in the second degree under s. 316.027(2)(b), Florida 19 Statutes, though the charge was later dropped by the Office of 20 the State Attorney of the 11th Judicial Circuit, and 21 WHEREAS, Mr. Tenner was transported to Kendall Regional 22 Medical Center, where he succumbed to his injuries and 23 ultimately died on October 11, 2014, and 24 WHEREAS, Mr. Tenner, through his wife, donated all viable 25 tissues and organs so that others may live, and 26 WHEREAS, the total present value of Mr. Tenner’s economic 27 damages from this incident is calculated to be $3,563,249.93, 28 which consists of his future and past lost earning capacity of 29 $3,531,212 and past medical expenses of $32,037.93, and 30 WHEREAS, Mr. Tenner is survived by his wife and two minor 31 sons, all of whom are being treated by therapists and health 32 professionals to cope with the loss of their husband and father, 33 who provided for and had a demonstrably close relationship with 34 his family, and 35 WHEREAS, the Miami-Dade County Board of Commissioners and 36 the Estate of Eric Scott Tenner reached a settlement agreement 37 by mediation in the amount of $1.75 million, of which $300,000 38 will be paid to the Estate of Eric Scott Tenner pursuant to the 39 limits of liability set forth in s. 768.28, Florida Statutes, 40 and the remainder is conditioned upon the passage of a claim 41 bill, which is agreed to by the Miami-Dade County Board of 42 Commissioners, in the amount of $1.45 million, NOW, THEREFORE, 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. The facts stated in the preamble to this act are 47 found and declared to be true. 48 Section 2. The Miami-Dade County Board of Commissioners is 49 authorized and directed to appropriate from funds of the county 50 not otherwise appropriated and to draw a warrant in the sum of 51 $1.45 million, payable to Maria Tenner, as personal 52 representative of the Estate of Eric Scott Tenner, as 53 compensation for injuries and damages sustained. 54 Section 3. The amount paid by the Miami-Dade County Board 55 of Commissioners pursuant to s. 768.28, Florida Statutes, and 56 the amount awarded under this act are intended to provide the 57 sole compensation for all present and future claims arising out 58 of the factual situation described in this act which resulted in 59 the death of Eric Scott Tenner. The total amount paid for 60 attorney fees relating to this claim may not exceed 25 percent 61 of the amount awarded under this act. 62 Section 4. This act shall take effect upon becoming a law.