CS/HB 293

1
A bill to be entitled
2An act for the relief of Anthony John Angelillo by Miami-
3Dade County; authorizing and directing Miami-Dade County
4to compensate Anthony John Angelillo for injuries suffered
5due to the negligence of Miami-Dade County; providing for
6attorney's fees, lobbyist's fees, and costs; providing an
7effective date.
8
9     WHEREAS, on April 30, 2002, Anthony John Angelillo was
10driving his motorcycle and Miami-Dade Police Officer Barry
11Savage was driving an automobile owned by Miami-Dade County, and
12     WHEREAS, Officer Savage was on duty and was an agent and
13employee of Miami-Dade County and acting within the scope of his
14authority, and
15     WHEREAS, on April 30, 2002, a collision between the
16motorcycle driven by Anthony John Angelillo and the automobile
17driven by Officer Savage occurred at the intersection of
18Northwest 107th Avenue and Northwest 58th Street in Medley,
19Miami-Dade County, when Officer Savage turned his automobile
20onto Northwest 107th Avenue from Northwest 58th Street, and
21     WHEREAS, as a result of the accident, Anthony John
22Angelillo suffered severe bodily injury to his right arm, right
23elbow, and right shoulder, which are now permanently impaired; a
24broken clavicle; an impaired lung, which required surgery; and
25an injured left foot, which necessitated a muscle graft and
26which foot is permanently impaired, all of which required
27numerous medical procedures and operations, and
28     WHEREAS, as a result of the injuries, Anthony John
29Angelillo has constant pain that requires consistent medication;
30he is required to use a cane to walk; and he will need further
31medical procedures to his left foot and to his right extremity
32to allow him to fully straighten it and possibly use his right
33arm and shoulder for normal everyday activities in the future,
34and
35     WHEREAS, as a result of this accident, a legal action was
36filed by Anthony John Angelillo against Miami-Dade County in the
37Circuit Court of the Eleventh Judicial Circuit in and for Miami-
38Dade County (Case No. 01-11002-CA-20) alleging negligence on the
39part of Miami-Dade County, and
40     WHEREAS, Anthony John Angelillo and Miami-Dade County
41voluntarily settled this claim and lawsuit for the sum of
42$450,000, and
43     WHEREAS, since the maximum amount that may be awarded and
44voluntarily paid under s. 768.28, Florida Statutes, the sum of
45$200,000, has been paid, Anthony John Angelillo petitions the
46Legislature for further payment in the amount of $250,000, and
47     WHEREAS, in the Settlement and Release of All Claims
48executed by the parties in the lawsuit filed in this matter,
49Miami-Dade County agreed not to object to a claim bill presented
50to the Florida Legislature in the amount of $250,000, NOW,
51THEREFORE,
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  The facts stated in the preamble to this act
56are found and declared to be true.
57     Section 2.  Miami-Dade County is authorized and directed to
58appropriate from funds of the county not otherwise encumbered
59and to pay to Anthony John Angelillo the sum of $250,000 as
60compensation for injuries suffered due to the negligence of an
61employee of Miami-Dade County.
62     Section 3.  Payment for the combined total of professional
63services and costs incurred by attorneys, lobbyists, and agents
64or representatives of attorneys or lobbyists shall not exceed
65$40,000.
66     Section 4.  This act shall take effect upon becoming a law.


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