Senate Bill 0020e1
CODING: Words stricken are deletions; words underlined are additions.
SB 20 First Engrossed (ntc)
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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CODING: Words stricken are deletions; words underlined are additions.
SB 20 First Engrossed (ntc)
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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CODING: Words stricken are deletions; words underlined are additions.
SB 20 First Engrossed (ntc)
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 $443,223.66 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 warrants in favor of Patricia D. Baker in the aggregate sum of
19 $443,223.66 upon funds in the Department of Transportation in
20 the State Treasury, and the State Treasurer is directed to pay
21 that amount out of those funds, as follows: The sum of
22 $263,223.66 is to be paid by July 1, 1999, which includes
23 $105,313.42 toward the unpaid amount of the final judgment in
24 favor of Patricia D. Baker, plus $21,574.39 in reasonable
25 costs and fees and $136,335.85 in reasonable attorney's fees;
26 and an additional $180,000 is to be paid in nine equal annual
27 installments of $20,000 apiece beginning July 1, 2000, and
28 continuing through July 1, 2008.
29 Section 4. This act shall take effect upon becoming a
30 law.
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