Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 46
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Galvano) recommended the following:
    1         Senate Amendment 
    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,
   20  Be It Enacted by the Legislature of the State of Florida:
   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. It is the intent of the Legislature that the
   39  state and local government lien interests relating to the
   40  treatment and care of Ramiro Companioni, Jr., if any, are hereby
   41  waived or extinguished.