CS/HB 189

1
A bill to be entitled
2An act for the relief of Laura Laporte; providing an
3appropriation to compensate Laura Laporte for injuries she
4sustained as a result of the negligence of an employee of
5the Department of Agriculture and Consumer Services;
6authorizing specified trust fund expenditures; providing
7an effective date.
8
9     WHEREAS, on October 9, 1999, Sandra Jackson, a grove
10inspector for the Department of Agriculture and Consumer
11Services, was driving a four-wheel-drive truck southward on 66th
12Avenue in Indian River County, Florida, a straight two-lane
13road, and
14     WHEREAS, Ms. Jackson's vehicle pulled into the path of a
15vehicle driven northward on 66th Avenue by Laura Laporte,
16causing the vehicles to collide nearly head-on and extensively
17damaging both vehicles, and
18     WHEREAS, at the time of the accident, Ms. Jackson was
19acting within the course and scope of her employment, and the
20Department of Agriculture and Consumer Services admitted
21liability for the negligent conduct of its employee, and
22     WHEREAS, medical records obtained during the court case
23filed on behalf of Laura Laporte revealed that Ms. Jackson had
24opiates and benzodiazepines in her system at the time of the
25accident, and
26     WHEREAS, the crash severely injured Laura Laporte's lower
27extremities and, over the following 2 years, Ms. Laporte
28underwent four major orthopedic surgeries to her legs at a cost
29in excess of $160,000, and
30     WHEREAS, notwithstanding surgical intervention, Ms. Laporte
31remains in extensive pain, has impaired mobility, and, according
32to her physicians, will be permanently impaired, in spite of
33anticipated surgery, and
34     WHEREAS, the cost of future medical expenses and household
35assistance for Ms. Laporte is anticipated to approach $500,000,
36and
37     WHEREAS, in addition to the injuries suffered on October 9,
381999, Ms. Laporte suffers from muscular dystrophy, which was
39diagnosed when she was a teenager and which mainly affects the
40strength of her upper extremities, and
41     WHEREAS, notwithstanding her physical limitations, before
42the accident Ms. Laporte was very active as the owner of a
43mobile petting zoo, operated numerous summer and after-school
44programs for children, and spent many hours riding horses, and
45     WHEREAS, following the accident, Ms. Laporte is unable to
46properly care for her animals and requires assistance if she
47falls, and
48     WHEREAS, on January 10, 2002, a jury returned a verdict
49awarding $5,582,776.82 in damages to Laura Laporte, and the
50Department of Agriculture and Consumer Services moved for a
51remittitur, claiming that the damage award was excessive, and
52     WHEREAS, the trial judge affirmed the jury's decision, and
53a final judgment in the amount of $5,600,647.81, representing
54the amount of the verdict plus taxable costs, was signed by the
55court on May 13, 2002, and
56     WHEREAS, the Department of Agriculture and Consumer
57Services has paid $100,000 pursuant to its obligation under
58section 768.28, Florida Statutes, leaving a remaining excess
59judgment amount of $5,500,647.81, NOW, THEREFORE,
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  The facts stated in the preamble to this act
64are found and declared to be true.
65     Section 2.  The total sum of $4,000,000 is appropriated to
66the 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
69within the Department of Agriculture and Consumer Services
70
71for the relief of Laura Laporte for injuries and damages
72sustained.
73     Section 3.  Notwithstanding any statutory limitation on the
74use of money in the trust fund from which money is appropriated
75by this act, expenditures from that trust fund are hereby
76authorized during the 2007-2008 fiscal year as provided by this
77act.
78     Section 4.  The Chief Financial Officer is directed to draw
79a warrant in favor of Laura Laporte in the sum of $4,000,000
80upon funds of the Department of Agriculture and Consumer
81Services, and the Chief Financial Officer is directed to pay the
82same out of such funds in the State Treasury.
83     Section 5.  This act shall take effect upon becoming a law.


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