Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 46 Ì233232pÎ233232 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Galvano) recommended the following: 1 Senate Substitute for Amendment (631512) 2 3 Delete lines 9 - 148 4 and insert: 5 WHEREAS, on November 22, 1996, Ramiro Companioni, Jr., was 6 seriously injured while operating his motorcycle on East 7 Hillsborough Avenue in Tampa, Florida, as a result of a 8 collision with a City of Tampa Water Department truck, and 9 WHEREAS, a lawsuit was filed and in 2004 a final judgment 10 was entered in favor of Mr. Companioni in the amount of 11 $17,928,800 against the City of Tampa, based on a jury verdict 12 in the amount of $19,932,000, and 13 WHEREAS, after appeals and all legal remedies were 14 exhausted, claim bills have been filed annually since the 2014 15 Regular Session seeking the full amount of the final judgment, 16 plus interest, for Mr. Companioni, and 17 WHEREAS, the parties have agreed to a compromised 18 settlement in the amount of $5 million, NOW, THEREFORE, 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. The facts stated in the preamble to this act are 23 found and declared to be true. 24 Section 2. The City of Tampa is authorized and directed to 25 appropriate from funds not otherwise encumbered and to draw a 26 warrant in the sum of $5 million, to fund a special needs trust 27 created for the exclusive use and benefit of Ramiro Companioni, 28 Jr., as compensation for injuries and damages sustained as 29 described in this act. 30 Section 3. The amount paid by the City of Tampa pursuant to 31 s. 768.28, Florida Statutes, and the amount awarded under this 32 act are intended to provide the sole compensation for all 33 present and future claims arising out of the factual situation 34 described in this act which resulted in injuries and damages to 35 Mr. Companioni. The total amount paid for attorney fees relating 36 to this claim may not exceed 25 percent of the amount awarded 37 under this act. 38 Section 4. Excluding the federal portions of any liens, 39 Medicaid or otherwise, which the claimant must pay, it is the 40 intent of the Legislature that the lien interests relating to 41 the treatment and care of Ramiro Companioni, Jr., are hereby 42 waived or extinguished.