HB 0829 2004
1	A bill to be entitled
2	An act for the relief of Laura LaPorte; providing an
3	appropriation to compensate Laura LaPorte for injuries she
4	sustained as a result of the negligence of an employee of
5	the Department of Agriculture and Consumer Services;
6	providing for attorney's fees and costs; providing an
7	effective date.
8
9	WHEREAS, on October 9, 1999, Sandra Jackson, a grove
10	inspector for the Department of Agriculture and Consumer
11	Services, was driving a four-wheel-drive truck southward on 66th
12	Avenue in Indian River County, Florida, a straight two-lane
13	road, and
14	WHEREAS, Ms. Jackson's vehicle pulled into the path of a
15	vehicle driven northward on 66th Avenue by Laura Laporte,
16	causing the vehicles to collide nearly head-on and extensively
17	damaging both vehicles, and
18	WHEREAS, at the time of the accident, Ms. Jackson was
19	acting within the course and scope of her employment, and the
20	Department of Agriculture and Consumer Services admitted
21	liability for the negligent conduct of its employee, and
22	WHEREAS, medical records obtained during the court case
23	filed on behalf of Laura Laporte revealed that Ms. Jackson had
24	opiates and benzodiazepines in her system at the time of the
25	accident and her employment file at the Department of
26	Agriculture and Consumer Services contained evidence that
27	department officials were aware that Ms. Jackson was taking
28	certain prescription medications, including Vicodin, Soma,
29	Xanax, Prozac, and Phenegren, and
30	WHEREAS, the crash severely injured Laura Laporte's lower
31	extremities and, over the following 2 years, Ms. Laporte
32	underwent four major orthopedic surgeries to her legs at a cost
33	in excess of $160,000, and
34	WHEREAS, notwithstanding surgical intervention, Ms. Laporte
35	remains in extensive pain, has impaired mobility, and, according
36	to her physicians, will be permanently impaired, in spite of
37	anticipated surgery, and
38	WHEREAS, the cost of future medical expenses and household
39	assistance for Ms. Laporte is anticipated to approach $500,000,
40	and
41	WHEREAS, in addition to the injuries suffered on October 9,
42	1999, Ms. Laporte suffers from muscular dystrophy, which was
43	diagnosed when she was a teenager and which mainly affects the
44	strength of her upper extremities, and
45	WHEREAS, notwithstanding her physical limitations, before
46	the accident Ms. Laporte was very active as the owner of a
47	mobile petting zoo, operated numerous summer and after-school
48	programs for children, and spent many hours riding horses, and
49	WHEREAS, following the accident, Ms. Laporte is unable to
50	properly care for her animals and requires assistance if she
51	falls, and
52	WHEREAS, on January 10, 2002, a jury returned a verdict
53	awarding $5,582,776.82 in damages to Laura Laporte, and the
54	Department of Agriculture and Consumer Services moved for a
55	remittitur, claiming that the damage award was excessive, and
56	WHEREAS, the trial judge affirmed the jury's decision, and
57	a final judgment in the amount of $5,600,647.81, representing
58	the amount of the verdict plus taxable costs, was signed by the
59	court on May 13, 2002, and
60	WHEREAS, the Department of Agriculture and Consumer
61	Services has paid $100,000 pursuant to its obligation under
62	section 768.28, Florida Statutes, leaving a remaining excess
63	judgment amount of $5,500,647.81, 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 sum of $5,500,647.81 is appropriated from
70	the General Revenue Fund to the Department of Agriculture and
71	Consumer Services, which amount includes attorney's fees and
72	costs, for the relief of Laura Laporte for injuries and damages
73	sustained.
74	Section 3. The Chief Financial Officer is directed to draw
75	a warrant in favor of Laura Laporte in the sum of $5,500,647.81
76	upon funds of the Department of Agriculture and Consumer
77	Services, and the Chief Financial Officer is directed to pay the
78	same out of funds in the State Treasury.
79	Section 4. This act shall take effect upon becoming a law.