HB 623

1
A bill to be entitled
2An act for the relief of Stacie Wagner (formerly known as
3Stacie Reyes), mother of decedent Angelica Hernandez, a
4minor, by Orange County; providing for an appropriation to
5compensate her for injuries and damages resulting in the
6death of her minor child due to the negligence of an
7employee of the Orange County Fire Department; providing
8for attorney's fees; providing an effective date.
9
10     WHEREAS, on June 4, 2001, at approximately 8:47 p.m., while
11returning to her home, Angelica Hernandez, the 11-year-old
12daughter of Stacie Wagner (then known as Stacie Reyes), was
13struck and killed by an Orange County Fire Department van as she
14was crossing Semoran Boulevard (SR 436) approximately 637 feet
15south of the Aloma Avenue intersection, and
16     WHEREAS, the van was driven by an Orange County firefighter
17who was acting in the course and scope of his employment, and
18     WHEREAS, after nearly 4 years of litigation and discovery,
19a trial was conducted and, on April 1, 2005, the jury returned a
20verdict in the amount of $1.4 million for Stacie Wagner's pain
21and suffering for the loss of Angelica and $8,000 to cover the
22cost of funeral expenses, and
23     WHEREAS, having found that Orange County was 61-percent
24liable in causing Angelica's death and that Angelica was 39-
25percent liable, the jury reduced the award to $858,880, and
26     WHEREAS, after denying several posttrial motions by the
27county, the judge, on June 28, 2005, entered a final judgment in
28the amount of $900,880, including the award of $858,880 and an
29additional $42,000 for reimbursement of the cost of the expert
30witnesses and trial-related costs, and
31     WHEREAS, pursuant to the limits of liability set forth in
32s. 768.28, Florida Statutes, Orange County has paid $100,000,
33leaving a balance owed in the amount of $800,880, NOW,
34THEREFORE,
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  The facts stated in the preamble to this act
39are found and declared to be true.
40     Section 2.  Orange County is authorized and directed to
41appropriate from funds of the county not otherwise appropriated
42and to draw a warrant payable to Stacie Wagner, mother of
43decedent minor Angelica Hernandez, for the total amount of
44$800,880, as compensation for injuries and damages sustained due
45to the death of her daughter as a result of the negligence of an
46employee of the Orange County Fire Department. Such funds are
47inclusive of costs and attorney's fees as limited by s. 768.28,
48Florida Statutes.
49     Section 3.  This act shall take effect upon becoming a law.


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