Florida Senate - 2027                              (NP)    SB 36
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00015-27                                             202736__
    1                        A bill to be entitled                      
    2         An act for the relief of Krystle Mace and Leonard Mace
    3         by Charlotte County; providing for an appropriation to
    4         compensate Mrs. and Mr. Mace for injuries sustained as
    5         a result of the negligence of Charlotte County;
    6         providing a limitation on compensation and the payment
    7         of attorney fees; providing an effective date.
    8  
    9         WHEREAS, on March 6, 2021, Krystle Mace and Leonard Mace
   10  were lawfully driving motorcycles during light rain on westbound
   11  Edgewater Drive in Charlotte County, and
   12         WHEREAS, upon approaching a roundabout at Edgewater Drive
   13  and West Tarpon Boulevard, both Mrs. and Mr. Mace’s motorcycles
   14  began to slide over a large, lane-wide area of black paint on
   15  the roadway, which was applied underneath white directional
   16  arrows, and
   17         WHEREAS, as a result of her motorcycle slipping on the
   18  painted area, Mrs. Mace fell from the motorcycle and sustained
   19  extensive and severe injuries, and
   20         WHEREAS, the lane-wide application of black paint to the
   21  roadway created dangerous, slippery conditions for motorcycles,
   22  especially in wet conditions, and
   23         WHEREAS, the black paint was applied to the roadway by
   24  Charlotte County in violation of the Manual of Uniform Traffic
   25  Control Devices for Streets and Highways and Florida Department
   26  of Transportation standards, and
   27         WHEREAS, Mrs. and Mr. Mace alleged, through a lawsuit filed
   28  on November 22, 2021, in the Circuit Court of the Twentieth
   29  Judicial Circuit, that Mrs. Mace’s injuries were caused by the
   30  negligence of Charlotte County in painting the lane-wide section
   31  of roadway, and
   32         WHEREAS, the lawsuit proceeded to trial, and, on December
   33  11, 2025, a jury returned a verdict in favor of Mrs. and Mr.
   34  Mace, finding Charlotte County 100 percent liable for the
   35  incident, and
   36         WHEREAS, since the incident, Mrs. Mace has received
   37  considerable medical care and incurred substantial treatment
   38  costs, and she will require such care for the remainder of her
   39  life, and
   40         WHEREAS, Mrs. Mace has endured significant pain and
   41  suffering, disability, physical impairment, disfigurement,
   42  mental anguish, inconvenience, and loss of capacity for the
   43  enjoyment of life, and
   44         WHEREAS, Mrs. Mace has suffered the loss of earnings and of
   45  future earning potential, and
   46         WHEREAS, Mr. Mace has suffered the loss of his wife’s
   47  comfort, society, and attention, and
   48         WHEREAS, a final judgment was entered on March 30, 2026, in
   49  the amount of $6,380,263.15, awarding $5,380,263.15 to Mrs. Mace
   50  and $1 million to Mr. Mace, and
   51         WHEREAS, Charlotte County has paid $300,000 pursuant to the
   52  limits of liability set forth in s. 768.28, Florida Statutes,
   53  partially satisfying the judgment, and
   54         WHEREAS, the balance of $6,080,263.15 remains unpaid and
   55  requires legislative approval through passage of a claim bill to
   56  satisfy the remainder of the judgment, NOW, THEREFORE,
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. The facts stated in the preamble to this act are
   61  found and declared to be true.
   62         Section 2. The Charlotte County Board of County
   63  Commissioners is authorized and directed to appropriate from
   64  funds not otherwise encumbered and to draw a warrant in the sum
   65  of $6,080,263.15 payable to Krystle Mace and Leonard Mace as
   66  compensation for injuries and damages sustained.
   67         Section 3. The amount paid by the Charlotte County Board of
   68  County Commissioners pursuant to s. 768.28, Florida Statutes,
   69  and the amount awarded under this act are intended to provide
   70  the sole compensation for all present and future claims arising
   71  out of the factual situation described in this act which
   72  resulted in injuries and damages to Krystle Mace and Leonard
   73  Mace. The total amount paid for attorney fees relating to this
   74  claim may not exceed 25 percent of the total amount awarded
   75  under this act.
   76         Section 4. This act shall take effect upon becoming a law.