Florida Senate - 2027                              (NP)    SB 18
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00038-27                                             202718__
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of James Corpora
    3         by Miami-Dade County; providing an appropriation to
    4         compensate the estate for James Corpora’s death as a
    5         result of the negligence of a Miami-Dade County bus
    6         driver; providing for a limitation on compensation and
    7         the payment of attorney fees; providing an effective
    8         date.
    9  
   10         WHEREAS, on November 8, 2024, Angel Maria Brown, a bus
   11  driver employed by Miami-Dade County and acting within the scope
   12  of her employment, was operating a Miami-Dade County bus
   13  southbound on Washington Avenue in Miami Beach, and
   14         WHEREAS, at that time, James Corpora was lawfully parked in
   15  a designated parking space on the west side of Washington
   16  Avenue, near or at the intersection of Washington Avenue and
   17  13th Street, in Miami Beach, and
   18         WHEREAS, Ms. Brown brought the bus to a stop behind Mr.
   19  Corpora’s lawfully parked vehicle under the mistaken belief that
   20  he was preparing to exit the parking space and drive away, and
   21         WHEREAS, Mr. Corpora exited his vehicle and stood adjacent
   22  to the driver’s side door of his vehicle, and
   23         WHEREAS, Ms. Brown attempted to maneuver the bus around
   24  both Mr. Corpora and his parked vehicle to enter the bus stop
   25  area located directly in front of Mr. Corpora’s vehicle, and in
   26  doing so, Ms. Brown negligently caused the rear portion of the
   27  bus to strike and pin Mr. Corpora between the bus and his own
   28  vehicle, and
   29         WHEREAS, passengers on the bus alerted Ms. Brown that Mr.
   30  Corpora had been struck and was pinned between his car and the
   31  bus, and in response Ms. Brown turned the steering wheel to the
   32  left, causing the rear of the bus to move further to the right
   33  and crush Mr. Corpora between the bus and his vehicle before he
   34  was ultimately released and fell to the ground, and
   35         WHEREAS, emergency responders were summoned, but Mr.
   36  Corpora succumbed to his injuries and died shortly thereafter,
   37  and
   38         WHEREAS, as a result of the incident on November 8, 2024,
   39  Ana Maria Corpora, the personal representative of the Estate of
   40  James Corpora, filed an action in the Circuit Court of the
   41  Eleventh Judicial Circuit in and for Miami-Dade County, under
   42  case number 25-12498-CA-01, alleging that the negligence of an
   43  employee of Miami-Dade County was the proximate cause of the
   44  death of James Corpora and the survivors of James Corpora
   45  suffered significant damages, including, but not limited to,
   46  loss of support and services, loss of companionship and
   47  protection, mental pain and suffering, and other damages
   48  cognizable under Florida law, and
   49         WHEREAS, Ana Maria Corpora, the personal representative of
   50  the Estate of James Corpora, and Miami-Dade County reached a
   51  settlement whereby Miami-Dade County agreed to pay the sum of
   52  $200,000 to Ana Maria Corpora, as personal representative of the
   53  estate, in full satisfaction of Miami-Dade County’s liability up
   54  to the limits set forth in s. 768.28, Florida Statutes,
   55  applicable to a claim against a governmental entity arising out
   56  of a single incident or occurrence, and
   57         WHEREAS, as part of the same settlement, Miami-Dade County
   58  also agreed to support the filing and passage of a claim bill in
   59  the Legislature for the additional amount of $1.05 million as
   60  compensation to the Estate of James Corpora and his survivors,
   61  and the plaintiff agreed that she would not seek a claim bill in
   62  an amount exceeding $1.05 million, and
   63         WHEREAS, the remaining $1.05 million is needed to fully
   64  satisfy the settlement, and the claim shall be considered fully
   65  satisfied upon payment of the remaining $1.05 million by Miami
   66  Dade County to the Estate of James Corpora as authorized by the
   67  Legislature through the passage of this claim bill, NOW,
   68  THEREFORE,
   69  
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. The facts stated in the preamble to this act are
   73  found and declared to be true.
   74         Section 2. Miami-Dade County is authorized and directed to
   75  appropriate from funds of the county not otherwise encumbered
   76  and to draw a warrant in the sum of $1.05 million payable to Ana
   77  Maria Corpora, personal representative of the Estate of James
   78  Corpora, as compensation for damages resulting from the death of
   79  James Corpora.
   80         Section 3. The amount paid by Miami-Dade County pursuant to
   81  s. 768.28, Florida Statutes, and the amount awarded under this
   82  act are intended to provide the sole compensation for all
   83  present and future claims arising out of the factual situation
   84  described in this act which resulted in the death of James
   85  Corpora. The total amount paid for attorney fees relating to
   86  this claim may not exceed 25 percent of the total amount awarded
   87  under this act.
   88         Section 4. This act shall take effect upon becoming a law.