HB 1053 2003
1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; providing for the relief of Laura
4	Laporte for injuries she sustained as a result of
5	negligence by an employee of the department; providing for
6	attorney's fees and costs; providing an effective date.
7
8	WHEREAS, on October 9, 1999, Sandra Jackson, a grove
9	inspector for the Department of Agriculture and Consumer
10	Services, was driving a four-wheel-drive truck southward on 66th
11	Avenue in Indian River County, Florida, a straight two-lane
12	road, and
13	WHEREAS, Ms. Jackson's vehicle pulled into the path of a
14	vehicle driven northward on 66th Avenue by Laura Laporte,
15	causing the vehicles to collide nearly head-on and extensively
16	damaging both vehicles, and
17	WHEREAS, at the time of the accident, Ms. Jackson was
18	acting within the course and scope of her employment, and the
19	Department of Agriculture and Consumer Services admitted
20	liability for the negligent conduct of its employee, and
21	WHEREAS, medical records obtained during the court case
22	filed on behalf of Laura Laporte revealed that Ms. Jackson had
23	opiates and benzodiazepines in her system at the time of the
24	accident and her employment file at the Department of
25	Agriculture and Consumer Services contained evidence that
26	department officials were aware that Ms. Jackson was taking
27	certain prescription medications, including Vicodin, Soma,
28	Xanax, Prozac, and Phenegren, and
29	WHEREAS, the crash severely injured Laura Laporte's lower
30	extremities and, over the following 2 years, Ms. Laporte
31	underwent four major orthopedic surgeries to her legs at a cost
32	in excess of $160,000, and
33	WHEREAS, notwithstanding surgical intervention, Ms. Laporte
34	remains in extensive pain, has impaired mobility, and, according
35	to her physicians, will be permanently impaired, in spite of
36	anticipated surgery, and
37	WHEREAS, the cost of future medical expenses and household
38	assistance for Ms. Laporte is anticipated to approach $500,000,
39	and
40	WHEREAS, in addition to the injuries suffered on October 9,
41	1999, Ms. Laporte suffers from muscular dystrophy, which was
42	diagnosed when she was a teenager and which mainly affects the
43	strength of her upper extremities, and
44	WHEREAS, notwithstanding her physical limitations, before
45	the accident Ms. Laporte was very active as the owner of a
46	mobile petting zoo, operated numerous summer and after-school
47	programs for children, and spent many hours riding horses, and
48	WHEREAS, following the accident, Ms. Laporte is unable to
49	properly care for her animals and requires assistance if she
50	falls, and
51	WHEREAS, on January 10, 2002, a jury returned a verdict
52	awarding $5,582,776.82 in damages to Laura Laporte, and the
53	Department of Agriculture and Consumer Services moved for a
54	remittitur, claiming that the damage award was excessive, and
55	WHEREAS, the trial judge affirmed the jury's decision, and
56	a final judgment in the amount of $5,600,647.81, representing
57	the amount of the verdict plus taxable costs, was signed by the
58	court on May 13, 2002, and
59	WHEREAS, after the Department of Agriculture and Consumer
60	Services has paid $100,000 pursuant to its obligation under
61	section 768.28, Florida Statutes, the remaining excess judgment
62	amount owed will be $5,500,647.81, NOW, THEREFORE,
63
64	Be It Enacted by the Legislature of the State of Florida:
65
66	Section 1. The facts stated in the preamble to this act
67	are found and declared to be true.
68	Section 2. The sum of $5,500,647.81 is appropriated from
69	the General Revenue Fund to the Department of Agriculture and
70	Consumer Services, which amount includes attorney's fees and
71	costs, for the relief of Laura Laporte for injuries and damages
72	sustained.
73	Section 3. The Chief Financial Officer is directed to draw
74	a warrant in favor of Laura Laporte in the sum of $5,500,647.81
75	upon funds of the Department of Agriculture and Consumer
76	Services, and the Chief Financial Officer is directed to pay the
77	same out of funds in the State Treasury.
78	Section 4. This act shall take effect upon becoming a law.