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A bill to be entitled

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An act relating to Orange County; providing for the relief

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of Stacie Wagner (formerly known as Stacie Reyes), mother

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of decedent Angelica Hernandez, a minor, for injuries and

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damages resulting in the death of the minor child due to

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the negligence of an employee of the Orange County Fire

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Department; providing for an appropriation; providing a

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limitation on the payment of fees and costs; providing an

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effective date.

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     WHEREAS, on June 4, 2001, at approximately 8:47 p.m., while

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returning to her home, Angelica Hernandez, the 11-year-old

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daughter of Stacie Wagner (then known as Stacie Reyes), was

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struck and killed by an Orange County Fire Department van as she

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was crossing Semoran Boulevard (SR 436) approximately 637 feet

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south of the Aloma Avenue intersection, and

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     WHEREAS, the van was driven by an Orange County firefighter

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who was acting in the course and scope of his employment, and

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     WHEREAS, after nearly 4 years of litigation and discovery, a

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trial was conducted and, on April 1, 2005, the jury returned a

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verdict in the amount of $1.4 million for Stacie Wagner's pain

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and suffering for the loss of Angelica and $8,000 to cover the

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cost of funeral expenses, and

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     WHEREAS, the jury having found that Orange County was 61-

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percent liable in causing Angelica's death and that Angelica was

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39-percent liable, the award was reduced to $858,880, and

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     WHEREAS, after denying several posttrial motions by the

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county, the judge, on June 28, 2005, entered a final judgment in

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the amount of $900,880, including the award of $858,880 and an

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additional $42,000 for reimbursement of the cost of the expert

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witnesses and trial-related costs, and

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     WHEREAS, pursuant to the limitations on the waiver of

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sovereign immunity set forth in s. 768.28, Florida Statutes,

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Orange County has paid $100,000, leaving a balance owed in the

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amount of $800,880, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. Orange County is authorized and directed to

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appropriate from funds of the county not otherwise encumbered and

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draw a warrant payable to Stacie Wagner, mother of decedent minor

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Angelica Hernandez, for the total amount of $800,880, as

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compensation for injuries and damages sustained due to the death

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of her daughter as a result of the negligence of an employee of

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the Orange County Fire Department.

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     Section 3. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in the

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death of Angelica Hernandez. The total amount paid for attorney's

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fees, lobbying fees, costs, and other similar expenses relating

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to this claim may not exceed 25 percent of the amount awarded

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under this act.

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     Section 4.  This act shall take effect upon becoming a law.