Senate Bill sb0032

    Florida Senate - 2005        (NP)                        SB 32

    By Senator Campbell





    32-100-05

  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Anthony John Angelillo,

  4         individually and as the father and natural

  5         guardian of Anthony Jacob Angelillo, a minor;

  6         authorizing and directing Miami-Dade County to

  7         compensate Anthony John Angelillo and Anthony

  8         Jacob Angelillo for injuries suffered due to

  9         the negligence of Miami-Dade County; providing

10         an effective date.

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12         WHEREAS, on April 30, 2002, Anthony John Angelillo was

13  driving his motorcycle, and Miami-Dade Police Officer Barry

14  Savage was driving an automobile owned by Miami-Dade County,

15  and

16         WHEREAS, Officer Savage was on duty and was an agent

17  and employee of Miami-Dade County and acting within the scope

18  of his authority, and

19         WHEREAS, on April 30, 2002, a collision between the

20  motorcycle driven by Anthony John Angelillo and the automobile

21  driven by Officer Savage occurred at the intersection of

22  Northwest 107th Avenue and Northwest 58th Street in Medley,

23  Miami-Dade County, when Officer Savage turned his automobile

24  onto Northwest 107th Avenue from Northwest 58th Street, and

25         WHEREAS, as a result of the accident, Anthony John

26  Angelillo suffered severe bodily injury to his right arm,

27  right elbow, and right shoulder, which are now permanently

28  impaired; a broken clavicle; an impaired lung, which required

29  surgery; and an injured left foot, which necessitated a muscle

30  graft and which foot is permanently impaired, all of which

31  required numerous medical procedures and operations, and

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    Florida Senate - 2005        (NP)                        SB 32
    32-100-05




 1         WHEREAS, as a result of the injuries, Anthony John

 2  Angelillo has constant pain, which requires consistent

 3  medication; he is required to use a cane to walk; and he will

 4  need further medical procedures to his left foot and to his

 5  right extremity to allow him to fully straighten it and

 6  possibly use his right arm and shoulder for normal everyday

 7  activities in the future, and

 8         WHEREAS, as a result of this accident, a legal action

 9  was filed by Anthony John Angelillo against Miami-Dade County

10  in the Circuit Court of the Eleventh Judicial Circuit in and

11  for Miami-Dade County (Case No. 01-11002-CA-20) alleging

12  negligence on the part of Miami-Dade County, and

13         WHEREAS, Anthony John Angelillo and Miami-Dade County

14  voluntarily settled this claim and lawsuit for the sum of

15  $450,000, and

16         WHEREAS, since the maximum amount that may be awarded

17  and voluntarily paid under section 768.28, Florida Statutes,

18  the sum of $200,000, has been paid, Anthony John Angelillo,

19  individually and as the father and natural guardian of Anthony

20  Jacob Angelillo, a minor, petitions the Legislature for

21  further payment in the amount of $250,000, and

22         WHEREAS, in the Settlement and Release of All Claims

23  executed by the parties in the lawsuit filed in this matter,

24  Miami-Dade County agreed not to object to a claim bill

25  presented to the Florida Legislature in the amount of

26  $250,000, NOW, THEREFORE,

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

29  

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 Senate - 2005        (NP)                        SB 32
    32-100-05




 1         Section 2.  Miami-Dade County is authorized and

 2  directed to appropriate from funds of the county not otherwise

 3  encumbered and to pay, as agreed by the parties in accordance

 4  with the release of all claims, to Anthony John Angelillo,

 5  father and natural guardian of Anthony Jacob Angelillo, a

 6  minor, the sum of $250,000, to be used for the benefit of

 7  Anthony Jacob Angelillo as compensation for injuries suffered

 8  due to the negligence of an employee of Miami-Dade County.

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

10  law.

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