Senate Bill sb0036

    Florida Senate - 2005        (NP)                        SB 36

    By Senator Bennett





    21-104A-05

  1                      A bill to be entitled

  2         An act relating to the Southwest Florida Water

  3         Management District; providing for the relief

  4         of Mark Vandeboe for injuries sustained due to

  5         the negligence of an employee of the Southwest

  6         Florida Water Management District; providing

  7         for payment of damages; providing an effective

  8         date.

  9  

10         WHEREAS, on October 4, 2001, at approximately 5:10

11  p.m., Mark Vandeboe was driving on a county road in

12  Brooksville, Hernando County, Florida, and

13         WHEREAS, Malcolm Hudson, an employee of the Southwest

14  Florida Regional Management District had just driven back onto

15  the roadway and was approaching Mr. Vandeboe's vehicle, and

16         WHEREAS, Mr. Hudson plowed his large truck into the

17  right side of Mr. Vandeboe's vehicle, causing more than

18  $10,000 worth of damage to that vehicle and inflicting

19  multiple permanent injuries upon Mr. Vandeboe, and

20         WHEREAS, The Florida Highway Patrol charged Mr. Hudson

21  with violating the right-of-way, contrary to section 316.21,

22  Florida Statutes, and

23         WHEREAS, Mr. Vandeboe lost consciousness as a result of

24  the collision and has suffered permanent injuries that include

25  debilitating headaches; multiple herniated discs in his neck,

26  necessitating a complex surgery to fuse his vertebrae;

27  multiple injuries to his lower back, for which he underwent a

28  second surgery; severe injuries to both of his wrists, for

29  which he must wear braces for the rest of his life; and severe

30  clinical depression, and

31  

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






    Florida Senate - 2005        (NP)                        SB 36
    21-104A-05




 1         WHEREAS, before this tragic wreck, Mr. Vandeboe was a

 2  productive member of society and worked as a truck driver, but

 3  now he can no longer work in that capacity, and

 4         WHEREAS, due to the auto accident caused by the water

 5  management district's employee, Mark Vandeboe has so far

 6  incurred medical bills that total more than $110,000, and he

 7  will require significant future medical care, and

 8         WHEREAS, on November 20, 2003, a jury found that the

 9  Southwest Florida Water Management District was liable for Mr.

10  Vandeboe's injuries and returned a verdict awarding Mr.

11  Vandeboe the sum of $268,326.68, of which $85,564.62 has been

12  paid, leaving a balance of $182,762.06, NOW, THEREFORE,

13  

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

15  

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

17  act are found and declared to be true.

18         Section 2.  The Southwest Florida Water Management

19  District is authorized and directed to pay to Mark Vandeboe

20  out of insurance proceeds or out of moneys appropriated by the

21  district from funds of the district not otherwise encumbered

22  the sum of $182,762.06 for injuries and damages sustained due

23  to the negligence of an employee of the district.

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

25  law.

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