House Bill 0283

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    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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    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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    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.

24

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

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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