SENATE AMENDMENT
Bill No. SB 244 Barcode 543360
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Transportation recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. The facts stated in the preamble to this
19 act are found and declared to be true.
20 Section 2. The sum of $550,000 is appropriated out of
21 funds in the State Treasury to the credit of the Department of
22 Transportation which are not otherwise appropriated, to be
23 paid to Patsy Baucco as relief for her losses resulting from
24 the actions of a departmental employee.
25 Section 3. The Comptroller is directed to draw his
26 warrant in favor of Patsy Baucco, in accordance with the terms
27 of the stipulated settlement agreement, in the sum of $550,000
28 upon funds in the State Treasury to the credit of the
29 Department of Transportation, and the State Treasurer is
30 directed to pay the same out of such funds.
31 Section 4. This act shall take effect upon becoming a
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SENATE AMENDMENT
Bill No. SB 244 Barcode 543360
Amendment No. 1
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5 And the title is amended as follows:
6 Delete everything before the enacting clause
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8 and insert:
9 A bill to be entitled
10 An act for the relief of Patsy Baucco;
11 providing an appropriation to compensate her
12 for injuries and damages she sustained as a
13 result of the negligence of a Department of
14 Transportation employee; providing an effective
15 date.
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17 WHEREAS, on or about April 27, 1998, at approximately
18 12:54 p.m., Valentino Baucco, with his wife Patsy as his
19 passenger, was driving south on State Road 93 (also known as
20 I-75) in Ocala, Florida, when a Department of Transportation
21 vehicle struck their vehicle, and
22 WHEREAS, the DOT vehicle, driven by a departmental
23 employee, had been stopped on the far right shoulder of the
24 road, known as the emergency lane, and
25 WHEREAS, the DOT vehicle traveled from the far right
26 shoulder across three southbound lanes, perpendicular to
27 oncoming traffic, in an effort to reach a cut-through to make
28 a U-turn and proceed in the opposite, or northbound, direction
29 on State Road 93, and
30 WHEREAS, as the DOT driver pulled into the third
31 southbound lane, he hit the right front door and right front
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SENATE AMENDMENT
Bill No. SB 244 Barcode 543360
Amendment No. 1
1 fender of the Bauccos' vehicle as it continued traveling in
2 the left lane, and
3 WHEREAS, the driver of the DOT vehicle admits that he
4 never saw the Baucco vehicle until he hit it, and he also
5 admits that he was performing an improper traffic maneuver
6 when he hit the plaintiffs, and
7 WHEREAS, the crash caused both vehicles to go out of
8 control and spin on the highway, and Mrs. Baucco sustained
9 serious, permanent injuries, and
10 WHEREAS, the Florida Highway Patrol charged the DOT
11 employee with improper lane change, and
12 WHEREAS, Mrs. Baucco received serious and significant
13 bodily injury as a result of the accident: she lost
14 four-fifths of her blood; she wore a Foley catheter for 3
15 months and now is incontinent; she had four fractures of her
16 pelvis, several breaks of her right wrist, a highly comminuted
17 fracture of her right femur, a highly comminuted fracture of
18 her left tibia, a highly comminuted fracture of her left
19 fibula, a highly comminuted fracture of her right fibula, a
20 highly comminuted fracture of her right tibia, a highly
21 comminuted fracture of her big toe, and a significant fracture
22 of her left ring finger; and she has endured seven surgeries
23 and is expected to need one or two more surgeries for a
24 left-knee replacement and a right-hip replacement, and
25 WHEREAS, Mr. Baucco is now caring for his wife and
26 doing most of the household work that Mrs. Baucco did before
27 the accident, and
28 WHEREAS, Mrs. Baucco has $145,428.74 in past medical
29 bills, and a life-care plan drawn for her projects, in present
30 value, a lifetime cost of between $270,986 and $485,197 for
31 her medical care, and
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SENATE AMENDMENT
Bill No. SB 244 Barcode 543360
Amendment No. 1
1 WHEREAS, litigation relating to these injuries was
2 pursued, and, upon the filing of a motion for summary
3 judgment, the Department of Transportation stipulated as to
4 its liability, and
5 WHEREAS, on December 7, 2000, a mutually agreed-upon
6 mediation was held to determine the amount of damages, and a
7 settlement in the amount of $750,000 was reached, and
8 WHEREAS, the Department of Transportation agreed to
9 pay, on or about December 27, 2000, the sum of $200,000, the
10 limit payable under the statutory waiver of sovereign
11 immunity, and
12 WHEREAS, the department has agreed to affirmatively
13 support a claim bill for the remaining sum of $550,000, NOW,
14 THEREFORE,
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