Senate Bill sb0030
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Florida Senate - 2007 SB 30
By Senator Lawson
6-108-07
1 A bill to be entitled
2 An act relating to the Department of
3 Agriculture and Consumer Services; providing
4 for the relief of Laura Laporte for injuries
5 she sustained as a result of negligence by an
6 employee of the department; providing an
7 appropriation; providing for attorney's fees
8 and costs; providing an effective date.
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10 WHEREAS, on October 9, 1999, Sandra Jackson, a grove
11 inspector for the Department of Agriculture and Consumer
12 Services, was driving a four-wheel-drive truck southward on
13 66th Avenue in Indian River County, Florida, a straight
14 two-lane road, and
15 WHEREAS, Ms. Jackson's vehicle pulled into the path of
16 a vehicle driven northward on 66th Avenue by Laura Laporte,
17 causing the vehicles to collide nearly head-on and extensively
18 damaging both vehicles, and
19 WHEREAS, at the time of the accident, Ms. Jackson was
20 acting within the course and scope of her employment, and the
21 Department of Agriculture and Consumer Services admitted
22 liability for the negligent conduct of its employee, and
23 WHEREAS, medical records obtained during the court case
24 filed on behalf of Laura Laporte revealed that Ms. Jackson had
25 opiates and benzodiazepines in her system at the time of the
26 accident, and
27 WHEREAS, the crash severely injured Laura Laporte's
28 lower extremities and, over the following 2 years, Ms. Laporte
29 underwent four major orthopedic surgeries to her legs at a
30 cost in excess of $160,000, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 SB 30
6-108-07
1 WHEREAS, notwithstanding surgical intervention, Ms.
2 Laporte remains in extensive pain, has impaired mobility, and,
3 according to her physicians, will be permanently impaired in
4 spite of anticipated surgery, and
5 WHEREAS, the cost of future medical expenses and
6 household assistance for Ms. Laporte is anticipated to
7 approach $500,000, and
8 WHEREAS, in addition to the injuries suffered on
9 October 9, 1999, Ms. Laporte suffers from muscular dystrophy,
10 which was diagnosed when she was a teenager and which mainly
11 affects the strength of her upper extremities, and
12 WHEREAS, notwithstanding her physical limitations,
13 before the accident Ms. Laporte was very active as the owner
14 of a mobile petting zoo, operated numerous summer and
15 after-school programs for children, and spent many hours
16 riding horses, and
17 WHEREAS, following the accident, Ms. Laporte is unable
18 to properly care for her animals and requires assistance if
19 she falls, and
20 WHEREAS, on January 10, 2002, a jury returned a verdict
21 awarding $5,582,776.82 in damages to Laura Laporte, and the
22 Department of Agriculture and Consumer Services moved for a
23 remittitur, claiming that the damage award was excessive, and
24 WHEREAS, the trial judge affirmed the jury's decision,
25 and a final judgment in the amount of $5,600,647.81,
26 representing the amount of the verdict plus taxable costs, was
27 signed by the court on May 13, 2002, and
28 WHEREAS, after the Department of Agriculture and
29 Consumer Services has paid $100,000 pursuant to its obligation
30 under s. 768.28, Florida Statutes, the remaining excess
31 judgment amount owed will be $5,500,647.81, NOW, THEREFORE,
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Florida Senate - 2007 SB 30
6-108-07
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. The facts stated in the preamble to this
4 act are found and declared to be true.
5 Section 2. The sum of $5,500,647.81 is appropriated
6 from the General Revenue Fund to the Department of Agriculture
7 and Consumer Services, which amount includes attorney's fees
8 and costs, for the relief of Laura Laporte for injuries and
9 damages sustained.
10 Section 3. The Chief Financial Officer is directed to
11 draw a warrant in favor of Laura Laporte in the sum of
12 $5,500,647.81 upon funds of the Department of Agriculture and
13 Consumer Services and to pay the same out of funds in the
14 State Treasury.
15 Section 4. This act shall take effect upon becoming a
16 law.
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19 SENATE SUMMARY
20 Appropriates funds for the relief of Laura Laporte for
injuries caused by the negligence of an employee of the
21 Department of Agriculture and Consumer Services.
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