Senate Bill 0020

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999        (NP)                        SB 20

    By Senator Grant





    13-67-99

  1                      A bill to be entitled

  2         An act relating to the Florida Department of

  3         Transportation; providing for the relief of

  4         Patricia D. Baker; providing for an

  5         appropriation to compensate her for injuries

  6         and damages sustained as a result of the

  7         negligence of the Florida Department of

  8         Transportation; providing an effective date.

  9

10         WHEREAS, on December 1, 1987, after returning from an

11  out-of-state vacation, Patricia D. Baker, a resident of New

12  Port Richey, Pasco County, Florida, stopped at the Florida

13  Welcome Center on Highway I-75 in Jennings, Hamilton County,

14  Florida, and

15         WHEREAS, while using the ladies restroom facilities at

16  the Welcome Center, Mrs. Baker was raped and robbed at

17  knifepoint, and

18         WHEREAS, Mrs. Baker's assailant entered the restroom

19  easily and committed the crime unimpeded, and

20         WHEREAS, Patricia D. Baker was emotionally and

21  physically injured by this occurrence, and

22         WHEREAS, the incident and injuries sustained on

23  December 1, 1987, formed the basis of a legal action by

24  Patricia D. Baker and her husband against the Department of

25  Transportation alleging negligence in failing to provide

26  adequate security at the Welcome Center rest area, negligent

27  design of the Welcome Center complex, and failure to warn of

28  known dangerous conditions, and

29         WHEREAS, evidence presented at trial through testimony

30  of witnesses and records of state and local agencies

31  demonstrated that because of the Welcome Center's location and

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    Florida Senate - 1999        (NP)                        SB 20
    13-67-99




  1  the large number of persons frequenting I-75 in Jennings,

  2  criminal activity there was a special concern that was well

  3  documented, and

  4         WHEREAS, within the preceding 3 years, criminal

  5  incidents at the Welcome Center and nearby state-maintained

  6  rest areas were numerous and included armed robbery, theft,

  7  burglaries, and attempted murder and sexual battery, and

  8         WHEREAS, Patricia D. Baker presented at trial Florida

  9  Department of Transportation memoranda that demonstrated that

10  the Department of Transportation was aware of the serious

11  criminal activity and security problems of each rest area, and

12         WHEREAS, Patricia D. Baker presented at trial expert

13  witness testimony showing that the Department of

14  Transportation was negligent in designing the restrooms at the

15  Welcome Center, and

16         WHEREAS, following trial in this case the jury awarded

17  Patricia D. Baker $450,760.90, which was reduced by the court

18  to $445,313.42, and her husband received an award of $100,000,

19  and

20         WHEREAS, prior to trial the Bakers served upon the

21  Florida Department of Transportation a demand for judgment

22  pursuant to section 768.79, Florida Statutes, offering to

23  settle for a reasonable amount of $190,000, an offer that was

24  rejected by the Florida Department of Transportation, and

25         WHEREAS, following trial and the jury determination,

26  the trial judge on January 27, 1997, concluded and entered

27  Final Judgment for the Bakers awarding reasonable costs of

28  $21,574.39, and in addition awarded the Bakers $136,335.85 in

29  reasonable attorney's fees, and

30         WHEREAS, the Bakers have received from the Department

31  of Transportation $100,000 each in satisfaction of the awarded

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    Florida Senate - 1999        (NP)                        SB 20
    13-67-99




  1  Final Judgment as provided by the statutory limits of

  2  liability set forth in section 768.28, Florida Statutes, and

  3         WHEREAS, the unpaid Final Judgment of Patricia D. Baker

  4  is $345,313.42 plus $21,574.39 in reasonable costs and

  5  $136,335.85 in reasonable attorney's fees, NOW, THEREFORE,

  6

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

  8

  9         Section 1.  The facts stated in the preamble to this

10  act are found and declared to be true.

11         Section 2.  The Executive Office of the Governor is

12  directed to transfer existing spending authority or to

13  establish spending authority from unappropriated trust fund

14  balances in the Department of Transportation in the amount of

15  $503,223.66 to a new category titled "Relief: Patricia D.

16  Baker" as relief for injuries and damages sustained.

17         Section 3.  The Comptroller is directed to draw his

18  warrant in favor of Patricia D. Baker in the sum of

19  $503,223.66 upon funds of the Department of Transportation in

20  the State Treasury, and the State Treasurer is directed to pay

21  that amount out of those funds.

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

23  law.

24

25            *****************************************

26                          SENATE SUMMARY

27    Provides for the relief of Patricia D. Baker for injuries
      and damages sustained as a result of the negligence of
28    the Department of Transportation.

29

30

31

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