Florida Senate - 2026                              (NP)    SB 24
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00047-26                                             202624__
    1                        A bill to be entitled                      
    2         An act for the relief of Lourdes Latour and Edward
    3         Latour by Miami-Dade County; providing an
    4         appropriation to compensate Mr. and Mrs. Latour for
    5         injuries sustained as a result of the negligence of
    6         Miami-Dade County; providing a limitation on
    7         compensation and the payment of attorney fees;
    8         providing an effective date.
    9  
   10         WHEREAS, on November 5, 2017, Lourdes Latour sustained
   11  serious injuries when she was struck by a malfunctioning
   12  automatic gate arm while exiting the Gables by the Sea community
   13  on her bicycle in Miami-Dade County, and
   14         WHEREAS, the automatic gate arm at the community exit
   15  malfunctioned, striking Lourdes Latour and throwing her from her
   16  bicycle, causing her to sustain permanent injuries, and
   17         WHEREAS, Lourdes Latour and Edward Latour have alleged,
   18  through a lawsuit filed on November 21, 2018, that the
   19  negligence of Miami-Dade County in the ownership, operation,
   20  maintenance, and control of the subject exit gate was the
   21  proximate cause of the injuries sustained by Mrs. Latour, and
   22         WHEREAS, the lawsuit proceeded to trial, and on January 16,
   23  2025, a jury returned a verdict in favor of Mr. and Mrs. Latour,
   24  finding Miami-Dade County 100 percent liable for the incident,
   25  and
   26         WHEREAS, the jury awarded Mrs. Latour $4.75 million for her
   27  injuries and Mr. Latour $165,000 for his loss of consortium, and
   28         WHEREAS, Mrs. Latour has suffered significant pain and
   29  suffering, disability, physical impairment, disfigurement,
   30  mental anguish, inconvenience, and loss of capacity for
   31  enjoyment of life, and
   32         WHEREAS, Mr. Latour has suffered loss of his wife’s
   33  comfort, society, attention, and services, and
   34         WHEREAS, following the verdict and entry of final judgment,
   35  Mr. and Mrs. Latour and Miami-Dade County reached a settlement
   36  in the amount of $800,000, and
   37         WHEREAS, pursuant to the settlement agreement between the
   38  parties, the plaintiffs’ claim will be partially satisfied by
   39  Miami-Dade County paying the amount of $300,000 to Mr. and Mrs.
   40  Latour, and
   41         WHEREAS, pursuant to the settlement, Miami-Dade County
   42  supports and agrees that Mr. and Mrs. Latour should receive as
   43  compensation the remaining $500,000 of the settlement amount,
   44  and their claim shall be considered fully satisfied by Miami
   45  Dade County paying this $500,000 to Mr. and Mrs. Latour, as
   46  authorized by the Florida Legislature through a claim bill, NOW,
   47  THEREFORE,
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. The facts stated in the preamble to this act are
   52  found and declared to be true.
   53         Section 2. Miami-Dade County is authorized and directed to
   54  appropriate from funds not otherwise encumbered and to draw a
   55  warrant in the sum of $500,000 payable to Lourdes Latour and
   56  Edward Latour as compensation for injuries and damages
   57  sustained.
   58         Section 3. The amount paid by Miami-Dade County pursuant to
   59  s. 768.28, Florida Statutes, and the amount awarded under this
   60  act are intended to provide the sole compensation for all
   61  present and future claims arising out of the factual situation
   62  described in this act which resulted in injuries and damages to
   63  Lourdes Latour and Edward Latour. The total amount paid for
   64  attorney fees relating to this claim may not exceed 25 percent
   65  of the total amount awarded under this act.
   66         Section 4. This act shall take effect upon becoming a law.