| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
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| 6 | Section 1. The facts stated in the preamble to this act |
| 7 | are found and declared to be true. |
| 8 | Section 2. Miami-Dade County is authorized and directed to |
| 9 | appropriate from funds of the county not otherwise encumbered |
| 10 | and to pay to Anthony John Angelillo the sum of $250,000 as |
| 11 | compensation for injuries suffered due to the negligence of an |
| 12 | employee of Miami-Dade County. |
| 13 | Section 3. Payment for the combined total of professional |
| 14 | services and costs incurred by attorneys, lobbyists, and agents |
| 15 | or representatives of attorneys or lobbyists shall not exceed |
| 16 | $40,000. |
| 17 | Section 4. This act shall take effect upon becoming a law. |
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| 20 | ======= T I T L E A M E N D M E N T ========== |
| 21 | On page 1, line 1, through page 2, line 22, remove all of |
| 22 | said lines and insert: |
| 23 |
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| 24 | A bill to be entitled |
| 25 | An act for the relief of Anthony John Angelillo by Miami- |
| 26 | Dade County; authorizing and directing Miami-Dade County |
| 27 | to compensate Anthony John Angelillo for injuries suffered |
| 28 | due to the negligence of Miami-Dade County; providing for |
| 29 | attorney's fees, lobbyist's fees, and costs; providing an |
| 30 | effective date. |
| 31 |
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| 32 | WHEREAS, on April 30, 2002, Anthony John Angelillo was |
| 33 | driving his motorcycle and Miami-Dade Police Officer Barry |
| 34 | Savage was driving an automobile owned by Miami-Dade County, and |
| 35 | WHEREAS, Officer Savage was on duty and was an agent and |
| 36 | employee of Miami-Dade County and acting within the scope of his |
| 37 | authority, and |
| 38 | WHEREAS, on April 30, 2002, a collision between the |
| 39 | motorcycle driven by Anthony John Angelillo and the automobile |
| 40 | driven by Officer Savage occurred at the intersection of |
| 41 | Northwest 107th Avenue and Northwest 58th Street in Medley, |
| 42 | Miami-Dade County, when Officer Savage turned his automobile |
| 43 | onto Northwest 107th Avenue from Northwest 58th Street, and |
| 44 | WHEREAS, as a result of the accident, Anthony John |
| 45 | Angelillo suffered severe bodily injury to his right arm, right |
| 46 | elbow, and right shoulder, which are now permanently impaired; a |
| 47 | broken clavicle; an impaired lung, which required surgery; and |
| 48 | an injured left foot, which necessitated a muscle graft and |
| 49 | which foot is permanently impaired, all of which required |
| 50 | numerous medical procedures and operations, and |
| 51 | WHEREAS, as a result of the injuries, Anthony John |
| 52 | Angelillo has constant pain that requires consistent medication; |
| 53 | he is required to use a cane to walk; and he will need further |
| 54 | medical procedures to his left foot and to his right extremity |
| 55 | to allow him to fully straighten it and possibly use his right |
| 56 | arm and shoulder for normal everyday activities in the future, |
| 57 | and |
| 58 | WHEREAS, as a result of this accident, a legal action was |
| 59 | filed by Anthony John Angelillo against Miami-Dade County in the |
| 60 | Circuit Court of the Eleventh Judicial Circuit in and for Miami- |
| 61 | Dade County (Case No. 01-11002-CA-20) alleging negligence on the |
| 62 | part of Miami-Dade County, and |
| 63 | WHEREAS, Anthony John Angelillo and Miami-Dade County |
| 64 | voluntarily settled this claim and lawsuit for the sum of |
| 65 | $450,000, and |
| 66 | WHEREAS, since the maximum amount that may be awarded and |
| 67 | voluntarily paid under s. 768.28, Florida Statutes, the sum of |
| 68 | $200,000, has been paid, Anthony John Angelillo petitions the |
| 69 | Legislature for further payment in the amount of $250,000, and |
| 70 | WHEREAS, in the Settlement and Release of All Claims |
| 71 | executed by the parties in the lawsuit filed in this matter, |
| 72 | Miami-Dade County agreed not to object to a claim bill presented |
| 73 | to the Florida Legislature in the amount of $250,000, NOW, |
| 74 | THEREFORE, |