Senate Bill sb0050e1

    SB 50                                    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the City of Miami; providing

  3         for the relief of Oscar Ortiz for injuries and

  4         damages sustained as a result of the negligence

  5         of the City of Miami; providing an effective

  6         date.

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  8         WHEREAS, on the night of December 6, 1996, 22-year-old

  9  Oscar Ortiz and his friend, Marcos Valdez, were driving home

10  from a basketball game, and

11         WHEREAS, at the intersection of N.E. First Avenue and

12  14th Street, a police car driven by Miami Police Officer

13  Orlando Borges entered the intersection in violation of a red

14  light and at a speed in excess of the posted speed limit, and

15         WHEREAS, it is uncontested that Mr. Valdez was at all

16  times operating his vehicle at a speed equal to or less than

17  the posted speed limit and that his driving was in no way

18  erratic or inappropriate, and

19         WHEREAS, shortly after the crash, the City of Miami

20  Police Department convened a crash-review board, which

21  conducted an internal investigation and unanimously found that

22  Officer Borges was careless and negligent and that his actions

23  were the cause of the crash, and

24         WHEREAS, as a consequence of this crash, Oscar Ortiz

25  was rendered a permanent quadraplegic and has no sensation or

26  motion in any of his extremities; has no control over his

27  bowel or bladder; suffers from pressure ulcers, muscle

28  contracture and spasm, and pain; and is unable to care for

29  himself or to function in any meaningful way, and

30         WHEREAS, the uncontested evidence is that Mr. Ortiz

31  will require 24-hour-a-day custodial and nursing care, as well


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    SB 50                                    First Engrossed (ntc)



  1  as extensive equipment, medication, and other implements

  2  required to sustain his life, and

  3         WHEREAS, litigation relating to this claim was

  4  commenced on August 4, 1997, a jury trial was held, the jury

  5  rendered a verdict in favor of the claimant and against the

  6  City of Miami, and a judgment was entered on June 11, 1999, in

  7  the amount of $13,674,660, and

  8         WHEREAS, after the City of Miami appealed the verdict

  9  and judgment, the parties began settlement negotiations, and

10         WHEREAS, a settlement agreement was signed on April 5,

11  2000, in which the City of Miami and the claimant have agreed

12  to a compromise settlement for the total amount of $5 million,

13  to be paid over a period of 3 years pursuant to the terms of

14  the Settlement Agreement and Stipulation for Consent Judgment,

15  and

16         WHEREAS, the City of Miami has voluntarily dismissed

17  its appeal and has paid the claimant the sum of $100,000, in

18  accordance with the limits set forth in section 768.28,

19  Florida Statutes, and

20         WHEREAS, the City of Miami has agreed to assist in the

21  passage of a claim bill in the amount of $4.9 million, to be

22  paid over a period of 3 years pursuant to the payment schedule

23  found in the Settlement Agreement and Stipulation for Consent

24  Judgment, NOW, THEREFORE,

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

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

29  act are found and declared to be true.

30         Section 2.  The City of Miami is authorized and

31  directed to appropriate from funds of the city not otherwise


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    SB 50                                    First Engrossed (ntc)



  1  appropriated and to draw warrants payable as follows: upon

  2  passage of this bill, the City of Miami shall pay Oscar Ortiz

  3  $2,566,667. One year from the first payment, the City of Miami

  4  shall pay Oscar Ortiz $1,166,667; and one year from the second

  5  payment, the City of Miami shall pay Oscar Ortiz $1,166,666,

  6  for a total of $4,900,000. After payment of attorney's fees

  7  and costs, medical bills and other immediate needs, the

  8  remaining proceeds shall be placed into a special needs trust

  9  created for the exclusive use and benefit of Oscar Ortiz.

10  After the reimbursement of any outstanding Medicaid liens, any

11  funds remaining in the special needs trust at the time of

12  Oscar Ortiz' death will revert to the City of Miami.

13         Section 3.  This act shall take effect upon becoming a

14  law.

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