HB 1043

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

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