House Bill 0283
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 283
By Representatives Fiorentino and Fasano
1 A bill to be entitled
2 An act for the relief of Patricia D. Baker;
3 providing an appropriation to compensate her
4 for injuries and damages sustained as a result
5 of the negligence of the Florida Department of
6 Transportation; providing an effective date.
7
8 WHEREAS, on December 1, 1987, after returning from an
9 out-of-state vacation, Patricia D. Baker, a resident of New
10 Port Richey, Pasco County, Florida, stopped at the Florida
11 Welcome Center on Highway I-75 in Jennings, Hamilton County,
12 Florida, and
13 WHEREAS, while using the ladies restroom facilities at
14 the Welcome Center, Mrs. Baker was raped and robbed at
15 knifepoint, and
16 WHEREAS, Mrs. Baker's assailant entered the restroom
17 easily and committed the crime unimpeded, and
18 WHEREAS, Patricia D. Baker was emotionally and
19 physically injured by this occurrence, and
20 WHEREAS, the incident and injuries sustained on
21 December 1, 1987, formed the basis of a legal action by
22 Patricia D. Baker and her husband against the Department of
23 Transportation alleging negligence in failing to provide
24 adequate security at the Welcome Center rest area, negligent
25 design of the Welcome Center complex, and failure to warn of
26 known dangerous conditions, and
27 WHEREAS, evidence presented at trial through testimony
28 of witnesses and records of state and local agencies
29 demonstrated that because of the Welcome Center's location and
30 the large number of persons frequenting I-75 in Jennings,
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 283
730-102-99
1 criminal activity there was a special concern that was well
2 documented, and
3 WHEREAS, within the preceding 3 years, criminal
4 incidents at the Welcome Center and nearby state-maintained
5 rest areas were numerous and included armed robbery, theft,
6 burglaries, and attempted murder and sexual battery, and
7 WHEREAS, Patricia D. Baker presented at trial Florida
8 Department of Transportation memoranda that demonstrated that
9 the Department of Transportation was aware of the serious
10 criminal activity and security problems of each rest area, and
11 WHEREAS, Patricia D. Baker presented at trial expert
12 witness testimony showing that the Department of
13 Transportation was negligent in designing the restrooms at the
14 Welcome Center, and
15 WHEREAS, following trial in this case the jury awarded
16 Patricia D. Baker $450,760.90, which was reduced by the court
17 to $445,313.42, and her husband received an award of $100,000,
18 and
19 WHEREAS, prior to trial the Bakers served upon the
20 Florida Department of Transportation a demand for judgment
21 pursuant to section 768.79, Florida Statutes, offering to
22 settle for a reasonable amount of $190,000, an offer that was
23 rejected by the Florida Department of Transportation, and
24 WHEREAS, following trial and the jury determination,
25 the trial judge on January 27, 1997, concluded and entered
26 Final Judgment for the Bakers awarding reasonable costs of
27 $21,574.39, and in addition awarded the Bakers $136,335.85 in
28 reasonable attorney's fees, and
29 WHEREAS, the Bakers have received from the Department
30 of Transportation $100,000 each in satisfaction of the awarded
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 283
730-102-99
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 establish
13 spending authority from unappropriated trust fund balances in
14 the Department of Transportation in the amount of $503,223.66
15 to a new category titled "Relief - Patricia D. Baker" as
16 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 the same out of such funds in the State Treasury.
22 Section 4. This act shall take effect upon becoming a
23 law.
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26 HOUSE SUMMARY
27
Provides an appropriation of $503,223.66 for the relief
28 of Patricia D. Baker as compensation for injuries and
damages sustained as a result of the negligence of the
29 Department of Transportation.
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