Florida Senate - 2027                              (NP)    SB 32
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00064-27                                             202732__
    1                        A bill to be entitled                      
    2         An act for the relief of Samantha Sakowski, Li. S.,
    3         B.J., and the Estate of Le. S. by the City of Temple
    4         Terrace; providing for an appropriation to compensate
    5         Samantha Sakowski, Li. S., and B.J. for injuries
    6         sustained, and to compensate the estate for Le. S.’s
    7         death as a result of the negligence of the City of
    8         Temple Terrace; providing a limitation on the payment
    9         of compensation and attorney fees; providing an
   10         effective date.
   11  
   12         WHEREAS, Samantha Sakowski is the natural parent of Li. S.,
   13  born on July 6, 2019, and was the natural parent of Le. S., born
   14  on March 13, 2018, and
   15         WHEREAS, Samantha Sakowski and John Jackson are the natural
   16  parents of B.J., born on July 6, 2024, and
   17         WHEREAS, on April 15, 2026, at 3:41 p.m., Samantha Sakowski
   18  owned and operated a Nissan Pathfinder, which was stopped,
   19  facing eastbound, in the center median left-turning lane of East
   20  Fowler Avenue, waiting for westbound traffic to clear before
   21  initiating a left-hand turn to proceed northbound onto North
   22  Drive at the intersection with East Fowler Avenue, in Temple
   23  Terrace, and
   24         WHEREAS, 6-year old Le. S., 8-year old Li. S., and 21-month
   25  old B.J. were all restrained passengers in Samantha Sakowski’s
   26  vehicle, and
   27         WHEREAS, Ms. Sakowski initiated a left-hand turn onto North
   28  Drive from the center median left-tuning lane of East Fowler
   29  Avenue and prepared to cross three lanes of westbound travel,
   30  seeing only a green van in the westbound lane a reasonably safe
   31  distance from her vehicle, and
   32         WHEREAS, on April 15, 2026, Officer Zachary Krug, a Temple
   33  Terrace police officer acting within the scope of his
   34  employment, was driving his assigned unmarked black 2023 Ford
   35  Explorer westbound on East Fowler Avenue behind the green van
   36  seen by Ms. Sakowski near the time she prepared to initiate her
   37  left-hand turn, and
   38         WHEREAS, Officer Krug was traveling at a rate above the
   39  posted speed limit of 50 miles per hour without the lights or
   40  siren activated on his assigned, unmarked Ford Explorer, and
   41  continued to accelerate at a high rate of speed, passing other
   42  westbound vehicles in front of him and covering a large distance
   43  in a short amount of time, and
   44         WHEREAS, the unmarked Ford Explorer operated by Officer
   45  Krug collided into the rear passenger side of Ms. Sakowski’s
   46  Nissan Pathfinder, causing it to flip several times before
   47  coming to a rest on the grassy shoulder on the northside of
   48  westbound East Fowler Avenue, and
   49         WHEREAS, pursuant to dash camera footage and the event date
   50  recorder for the unmarked Ford Explorer driven by Officer Krug,
   51  Corporal Chad Anderson, the traffic homicide investigator of the
   52  Florida Highway Patrol, and other investigating agencies
   53  confirmed that the Ford Explorer reached the speed of 104 miles
   54  per hour, 54 miles per hour in excess of the 50 miles per hour
   55  posted speed limit while it travelled westbound on East Fowler
   56  Avenue and decreased to approximately 74 miles per hour, 24
   57  miles per hour in excess of the posted speed limit, before
   58  colliding with Ms. Sakowski’s vehicle, and
   59         WHEREAS, several witnesses helped Ms. Sakowski pull Le. S.,
   60  Li. S., and B.J. from the vehicle before paramedics arrived at
   61  the scene, and
   62         WHEREAS, when the paramedics arrived at the scene, Le. S.,
   63  Li. S., and B.J. were bleeding and unresponsive, and
   64         WHEREAS, John Anaya, a Florida Highway Patrol Trooper,
   65  arrived at the scene to investigate the crash, and
   66         WHEREAS, Trooper Anaya determined that Officer Krug had
   67  operated his vehicle in excess of the posted speed limit and
   68  that Ms. Sakowski did not contribute in any way to the
   69  collision, and
   70         WHEREAS, the paramedics drove Ms. Sakowski and her three
   71  children to Tampa General Hospital from the scene of the crash,
   72  and
   73         WHEREAS, Le. S. was pronounced dead at Tampa General
   74  Hospital at 6 p.m. on April 15, 2026, and
   75         WHEREAS, Tampa General Hospital kept Li. S. for 50 days and
   76  diagnosed Li. S. with multiple injuries, including traumatic
   77  brain injury with sequelae, diffuse brain injury with loss of
   78  consciousness greater than 24 hours, impairment of cognitive
   79  function, multiple fractures, infections, respiratory failure,
   80  and suspected stroke, and
   81         WHEREAS, Tampa General Hospital discharged Li. S. on June
   82  4, 2026, and
   83         WHEREAS, the medical bills for Li. S. will likely exceed $1
   84  million, which will not include Li. S.’s ongoing medical care
   85  and treatment with specialists in the fields of neuropsychology,
   86  neurosurgery, neurology, pediatric ophthalmology, pediatric
   87  occupational therapy, pediatric physical therapy, pediatric
   88  speech therapy, pediatric otolaryngology, and orthopedics, and
   89         WHEREAS, Tampa General Hospital discharged B.J. on April
   90  20, 2026, and
   91         WHEREAS, B.J. suffered multiple permanent injuries,
   92  including intracranial hemorrhage, traumatic brain injury with
   93  sequelae, hematomas, and contusions and incurred at least
   94  $74,870.61 in collision-related medical bills, not including
   95  ongoing medical care and treatment, and
   96         WHEREAS, Tampa General Hospital admitted Ms. Sakowski for 1
   97  day, during which Ms. Sakowski underwent CT scans of her head,
   98  neck, chest, and pelvis, and has since been diagnosed with
   99  injuries, including rib fractures, lacerations, cervicalgia, and
  100  cervical, thoracic, and lumbar radiculopathy, and
  101         WHEREAS, Ms. Sakowski forwent additional medical care and
  102  treatment during the time her minor children Li. S. and B.J.
  103  were hospitalized, and
  104         WHEREAS, Ms. Sakowski incurred at least $11,911 in
  105  collision-related medical bills, not including her hospital bill
  106  with Tampa General Hospital, which is still pending, and
  107         WHEREAS, since the date of Li. S.’s discharge on June 4,
  108  2026, Ms. Sakowski has transported the minor child to the
  109  child’s follow-up appointments, and
  110         WHEREAS, the claimants seek $10 million for the wrongful
  111  death of Le. S., $10 million for the significant permanent
  112  injuries suffered by Li. S., $1 million for the significant
  113  permanent injuries suffered by B.J., and $1.3 million for the
  114  injuries suffered by Ms. Sakowski for a total of $22.3 million,
  115  less any amount recoverable from the City of Temple Terrace,
  116  NOW, THEREFORE,
  117  
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. The facts stated in the preamble to this act are
  121  found and declared to be true.
  122         Section 2. The City of Temple Terrace is authorized and
  123  directed to appropriate from funds not otherwise encumbered and
  124  draw a warrant in the sum of $22.3 million payable to Samantha
  125  Sakowski, Li. S., B.J., and Samantha Sakowski as the personal
  126  representative of the Estate of Le. S., as compensation damages
  127  resulting from injuries sustained and the death of Le. S.
  128         Section 3. The amount paid by the City of Temple Terrace
  129  pursuant to s. 768.28, Florida Statutes, and the amount awarded
  130  under this act are intended to provide the sole compensation for
  131  all present and future claims arising out of the factual
  132  situation described in this act which resulted in injuries to
  133  Samantha Sakowski and minors Li. S. and B.J. and damages to the
  134  Estate of Le. S. The total amount paid for attorney fees
  135  relating to this claim may not exceed 25 percent of the total
  136  amount awarded under this act.
  137         Section 4. This act shall take effect upon becoming a law.