HB 0731

1
A bill to be entitled
2An act for the relief of Claude Tunc, Martine Tunc, and
3Sandrine Tunc by the City of Miami Beach; providing for
4the relief of Claude Tunc and Martine Tunc, individually
5and as personal representatives of the estate of Stephanie
6Tunc, deceased, and Sandrine Tunc, sister of Stephanie
7Tunc, deceased, for the death of Stephanie Tunc and
8injuries and damages sustained by Sandrine Tunc due to the
9negligence of the City of Miami Beach; providing for an
10appropriation; providing for attorney's fees and costs;
11providing an effective date.
12
13     WHEREAS, on February 22, 2003, 27-year-old Sandrine Tunc
14and her 26-year-old sister, Stephanie Tunc, were sunbathing on
15the soft sand of Miami Beach on a sunny afternoon, and
16     WHEREAS, Officer George Varon, a police officer employed by
17the City of Miami Beach Police Department, while in the course
18and scope of his duties as a City of Miami Beach police officer,
19drove a Miami Beach police vehicle on the soft sand of Miami
20Beach and negligently drove through an area of sunbathers near a
21lifeguard station, and in fact did drive over Stephanie Tunc and
22Sandrine Tunc with his police vehicle, proximately causing the
23death of Stephanie Tunc and serious permanent injuries to
24Sandrine Tunc, and
25     WHEREAS, Stephanie Tunc was crushed to death by the vehicle
26and died shortly after the incident, and Sandrine Tunc survived
27the accident and was transferred to the Ryder Trauma Center at
28the Jackson Memorial Hospital, and
29     WHEREAS, the parents of Stephanie Tunc, Claude Tunc and
30Martine Tunc, seek to recover damages for their mental pain and
31suffering, as well as future loss of support of services based
32on the death of their daughter, and
33     WHEREAS, Sandrine Tunc seeks damages for past pain and
34suffering, disability, impairment, disfigurement, mental
35anguish, inconvenience, and lost capacity to enjoy life; future
36pain and suffering, disability, impairment, disfigurement,
37mental anguish, inconvenience, and lost capacity to enjoy life;
38loss of future earning capacity; and future medical and
39psychiatric care and rehabilitation, and
40     WHEREAS, Sandrine Tunc was hospitalized from February 22,
412003, through February 28, 2003, at the Jackson Memorial
42Hospital for a lacerated liver, fractured ribs, punctured lung,
43contusions, and hematomas, and
44     WHEREAS, also as a result of the injuries incurred on
45February 22, 2003, Sandrine Tunc has disfiguring scars as well
46as a permanent hardened cyst-like hematoma in her lower left
47groin area, and
48     WHEREAS, Sandrine Tunc incurred medical expenses of
49$37,624.20 for her treatment at the Jackson Memorial Hospital
50Ryder Trauma Center, and the decedent, Stephanie Tunc, incurred
51medical expenses of $45,030.24 at the Jackson Memorial Hospital
52Ryder Trauma Center, and
53     WHEREAS, Sandrine Tunc is receiving continuous medical and
54psychiatric care due to the above injuries as well as the
55emotional trauma of watching her sister being crushed to death
56by the police vehicle while they were lying side-by-side on the
57beach, and
58     WHEREAS, as a result of a suit filed following the
59incident, the City Commission of the City of Miami Beach
60voluntarily agreed to a settlement of this cause in the amount
61of $1,500,000, of which $200,000 will be paid by the City of
62Miami Beach, and
63     WHEREAS, the remaining $1,300,000 is to be paid subject to
64the passage of a claim bill introduced in the Legislature, and
65     WHEREAS, the City of Miami Beach has agreed to support this
66claim bill, NOW, THEREFORE,
67
68Be It Enacted by the Legislature of the State of Florida:
69
70     Section 1.  The facts stated in the preamble to this act
71are found and declared to be true.
72     Section 2.  The City of Miami Beach is authorized and
73directed to appropriate from funds not otherwise appropriated
74and to draw a warrant payable to Claude Tunc and Martine Tunc,
75individually and as personal representatives of the estate of
76Stephanie Tunc, deceased, and Sandrine Tunc, sister of Stephanie
77Tunc, deceased, for the total amount of $1,300,000, which amount
78is inclusive of costs and attorney's fees as limited by s.
79768.28(8), Florida Statutes, as compensation for injuries and
80damages sustained due to the negligence of the City of Miami
81Beach.
82     Section 3.  This act shall take effect upon becoming a law.


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