HB 1493

1	A bill to be entitled
2	An act for the relief of Claude Tunc, Martine Tunc, and
3	Sandrine Tunc by the City of Miami Beach; providing for
4	the relief of Claude Tunc and Martine Tunc, individually
5	and as personal representatives of the estate of Stephanie
6	Tunc, deceased, and Sandrine Tunc, sister of Stephanie
7	Tunc, deceased, for the death of Stephanie Tunc and
8	injuries and damages sustained by Sandrine Tunc due to the
9	negligence of the City of Miami Beach; providing for
10	attorney?s fees and costs; providing an effective date.
11
12	WHEREAS, on February 22, 2003, 27-year-old Sandrine Tunc and
13	her 26-year-old sister, Stephanie Tunc, were sunbathing on the soft
14	sand of Miami Beach on a sunny afternoon, and
15	WHEREAS, Officer George Varon, a police officer employed by
16	the City of Miami Beach Police Department, while in the course and
17	scope of his duties as a City of Miami Beach police officer, drove
18	a Miami Beach police vehicle on the soft sand of Miami Beach and
19	negligently drove through an area of sunbathers near a lifeguard
20	station, and in fact did drive over Stephanie Tunc and Sandrine
21	Tunc with his police vehicle, proximately causing the death of
22	Stephanie Tunc and serious permanent injuries to Sandrine Tunc, and
23	WHEREAS, Stephanie Tunc was crushed to death by the vehicle
24	and died shortly after the incident, and Sandrine Tunc survived the
25	accident and was transferred to the Ryder Trauma Center at the
26	Jackson Memorial Hospital, and
27	WHEREAS, each parent of Stephanie Tunc, Claude Tunc and
28	Martine Tunc, seek to recover damages for their mental pain and
29	suffering as well as future loss of support of services based on
30	the death of their daughter, and
31	WHEREAS, Sandrine Tunc seeks damages for past pain and
32	suffering, disability, impairment, disfigurement, mental anguish,
33	inconvenience, and lost capacity to enjoy life; future pain and
34	suffering, disability, impairment, disfigurement, mental anguish,
35	inconvenience, and lost capacity to enjoy life; loss of future
36	earning capacity; and future medical and psychiatric care and
37	rehabilitation, and
38	WHEREAS, Sandrine Tunc was hospitalized from February 22,
39	2003, through February 28, 2003, at the Jackson Memorial Hospital
40	for a lacerated liver, fractured ribs, punctured lung, contusions,
41	and hematomas, and
42	WHEREAS, also as a result of the injuries incurred on February
43	22, 2003, Sandrine Tunc has disfiguring scars as well as a
44	permanent hardened cyst-like hematoma in her lower left groin area,
45	and
46	WHEREAS, Sandrine Tunc incurred medical expenses of
47	$37,624.20 for her treatment at the Jackson Memorial Hospital
48	Ryder Trauma Center, and the decedent, Stephanie Tunc, incurred
49	medical expenses of $45,030.24 at the Jackson Memorial Hospital
50	Ryder Trauma Center, and
51	WHEREAS, Sandrine Tunc is receiving continuous medical and
52	psychiatric care due to the above injuries as well as the emotional
53	trauma of watching her sister being crushed to death by the police
54	vehicle while they were lying side-by-side on the beach, and
55	WHEREAS, as a result of a suit filed following the
56	incident, the City Commission of the City of Miami Beach
57	voluntarily agreed to a settlement of this case in the amount of
58	$1,500,000, of which $200,000 will be paid by the City of Miami
59	Beach, and
60	WHEREAS, the remaining $1,300,000 is to be paid subject to
61	the passage of a claim bill introduced in the Legislature, and
62	WHEREAS, the City of Miami Beach has agreed to support this
63	claim bill, NOW, THEREFORE,
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  The facts stated in the preamble to this act
68	are found and declared to be true.
69	Section 2.  The City of Miami Beach is authorized and
70	directed to appropriate from funds not otherwise appropriated
71	and to draw a warrant payable to Claude Tunc and Martine Tunc,
72	individually and as personal representatives of the estate of
73	Stephanie Tunc, deceased, and Sandrine Tunc, sister of Stephanie
74	Tunc, deceased, for the total amount of $1,300,000, which amount
75	is inclusive of costs and attorney?s fees as limited by s.
76	768.28(8), Florida Statutes, as compensation for injuries and
77	damages sustained due to the negligence of the City of Miami
78	Beach.
79	Section 3.  This act shall take effect upon becoming a law.

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