| 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 | authorizing specified trust fund expenditures; providing |
| 7 | an effective date. |
| 8 |
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| 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 |
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| 61 | Be It Enacted by the Legislature of the State of Florida: |
| 62 |
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| 63 | Section 1. The facts stated in the preamble to this act |
| 64 | are found and declared to be true. |
| 65 | Section 2. The total sum of $4,000,000 is appropriated to |
| 66 | the Department of Agriculture and Consumer Services as follows: |
| 67 | (1) Two million dollars from the General Revenue Fund; and |
| 68 | (2) Two million dollars from the Incidental Trust Fund |
| 69 | within the Department of Agriculture and Consumer Services |
| 70 |
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| 71 | for the relief of Laura Laporte for injuries and damages |
| 72 | sustained. |
| 73 | Section 3. Notwithstanding any statutory limitation on the |
| 74 | use of money in the trust fund from which money is appropriated |
| 75 | by this act, expenditures from that trust fund are hereby |
| 76 | authorized during the 2007-2008 fiscal year as provided by this |
| 77 | act. |
| 78 | Section 4. The Chief Financial Officer is directed to draw |
| 79 | a warrant in favor of Laura Laporte in the sum of $4,000,000 |
| 80 | upon funds of the Department of Agriculture and Consumer |
| 81 | Services, and the Chief Financial Officer is directed to pay the |
| 82 | same out of such funds in the State Treasury. |
| 83 | Section 5. This act shall take effect upon becoming a law. |