House Bill hb0821

    Florida House of Representatives - 2001                 HB 821

        By Representative Arza






  1                      A bill to be entitled

  2         An act relating to the City of Miami; providing

  3         for the relief of Oscar Ortiz; providing for an

  4         appropriation to compensate Oscar Ortiz for

  5         injuries and damages sustained as a result of

  6         the negligence of the City of Miami; providing

  7         for reversion of funds; providing an effective

  8         date.

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

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

12  from a basketball game, and

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

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

15  Orlando Borges entered the intersection in violation of a red

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

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

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

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

20  erratic or inappropriate, and

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

22  Police Department convened a crash-review board, which

23  conducted an internal investigation and unanimously found that

24  Officer Borges was careless and negligent and that his actions

25  were the cause of the crash, and

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

27  was rendered a permanent quadraplegic and has no sensation or

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

29  bowel or bladder; suffers from pressure ulcers, muscle

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

31  himself or to function in any meaningful way, and

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    Florida House of Representatives - 2001                 HB 821

    742-111-01






  1         WHEREAS, the uncontested evidence is that Mr. Ortiz

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

  3  as extensive equipment, medication, and other implements

  4  required to sustain his life, and

  5         WHEREAS, litigation relating to this claim was

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

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

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

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

10         WHEREAS, after the City of Miami appealed the verdict

11  and judgment, the parties began settlement negotiations, and

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

13  2000, in which the City of Miami and the claimant have agreed

14  to a compromise settlement for the total amount of $5,000,000,

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

16  the Settlement Agreement and Stipulation for Consent Judgment,

17  and

18         WHEREAS, the City of Miami has voluntarily dismissed

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

20  accordance with the limits set forth in section 768.28,

21  Florida Statutes, and

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

23  passage of a claim bill in the amount of $4,900,000, to be

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

25  set forth in the Settlement Agreement and Stipulation for

26  Consent Judgment, NOW, THEREFORE,

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

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

31  act are found and declared to be true.

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    Florida House of Representatives - 2001                 HB 821

    742-111-01






  1         Section 2.  The City of Miami is authorized and

  2  directed to appropriate from funds of the city not otherwise

  3  appropriated and to draw warrants payable as follows:  upon

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

  5  $1,400,000.  One year from the first payment, the City of

  6  Miami shall pay Oscar Ortiz $1,166,667; one year from the

  7  second payment, the City of Miami shall pay Oscar Ortiz

  8  $1,166,667; and one year from the third payment, the City of

  9  Miami shall pay Oscar Ortiz $1,166,666, for a total of

10  $4,900,000.  After payment of attorney's fees and costs,

11  medical bills and other immediate needs, the remaining

12  proceeds shall be placed into a special needs trust created

13  for the exclusive use and benefit of Oscar Ortiz.  After the

14  reimbursement of any outstanding Medicaid liens, any funds

15  remaining in the special needs trust at the time of Oscar

16  Ortiz' death will revert back to the City of Miami.

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

18  law.

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