HB 189

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
26	WHEREAS, the crash severely injured Laura Laporte's lower
27	extremities and, over the following 2 years, Ms. Laporte
28	underwent four major orthopedic surgeries to her legs at a cost
29	in excess of $160,000, and
30	WHEREAS, notwithstanding surgical intervention, Ms. Laporte
31	remains in extensive pain, has impaired mobility, and, according
32	to her physicians, will be permanently impaired, in spite of
33	anticipated surgery, and
34	WHEREAS, the cost of future medical expenses and household
35	assistance for Ms. Laporte is anticipated to approach $500,000,
36	and
37	WHEREAS, in addition to the injuries suffered on October 9,
38	1999, Ms. Laporte suffers from muscular dystrophy, which was
39	diagnosed when she was a teenager and which mainly affects the
40	strength of her upper extremities, and
41	WHEREAS, notwithstanding her physical limitations, before
42	the accident Ms. Laporte was very active as the owner of a
43	mobile petting zoo, operated numerous summer and after-school
44	programs for children, and spent many hours riding horses, and
45	WHEREAS, following the accident, Ms. Laporte is unable to
46	properly care for her animals and requires assistance if she
47	falls, and
48	WHEREAS, on January 10, 2002, a jury returned a verdict
49	awarding $5,582,776.82 in damages to Laura Laporte, and the
50	Department of Agriculture and Consumer Services moved for a
51	remittitur, claiming that the damage award was excessive, and
52	WHEREAS, the trial judge affirmed the jury's decision, and
53	a final judgment in the amount of $5,600,647.81, representing
54	the amount of the verdict plus taxable costs, was signed by the
55	court on May 13, 2002, and
56	WHEREAS, the Department of Agriculture and Consumer
57	Services has paid $100,000 pursuant to its obligation under
58	section 768.28, Florida Statutes, leaving a remaining excess
59	judgment amount of $5,500,647.81, NOW, THEREFORE,
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  The facts stated in the preamble to this act
64	are found and declared to be true.
65	Section 2.  The sum of $5,500,647.81 is appropriated from
66	the General Revenue Fund to the Department of Agriculture and
67	Consumer Services, which amount includes attorney's fees and
68	costs, for the relief of Laura Laporte for injuries and damages
69	sustained.
70	Section 3.  The Chief Financial Officer is directed to draw
71	a warrant in favor of Laura Laporte in the sum of $5,500,647.81
72	upon funds of the Department of Agriculture and Consumer
73	Services, and the Chief Financial Officer is directed to pay the
74	same out of funds in the State Treasury.
75	Section 4.  This act shall take effect upon becoming a law.

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