Senate Bill sb0070e1

    SB 70                                    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act for the relief of Anthony John Angelillo

  3         by Miami-Dade County; authorizing and directing

  4         Miami-Dade County to compensate Anthony John

  5         Angelillo for injuries suffered due to the

  6         negligence of Miami-Dade County; providing an

  7         effective date.

  8  

  9         WHEREAS, on April 30, 2002, Anthony John Angelillo was

10  driving his motorcycle and Miami-Dade Police Officer Barry

11  Savage was driving an automobile owned by Miami-Dade County,

12  and

13         WHEREAS, Officer Savage was on duty and was an agent

14  and employee of Miami-Dade County and acting within the scope

15  of his authority, and

16         WHEREAS, on April 30, 2002, a collision between the

17  motorcycle driven by Anthony John Angelillo and the automobile

18  driven by Officer Savage occurred at the intersection of

19  Northwest 107th Avenue and Northwest 58th Street in Medley,

20  Miami-Dade County, when Officer Savage turned his automobile

21  onto Northwest 107th Avenue from Northwest 58th Street, and

22         WHEREAS, as a result of the accident, Anthony John

23  Angelillo suffered severe bodily injury to his right arm,

24  right elbow, and right shoulder, which are now permanently

25  impaired; a broken clavicle; an impaired lung, which required

26  surgery; and an injured left foot, which necessitated a muscle

27  graft and which foot is permanently impaired, all of which

28  required numerous medical procedures and operations, and

29         WHEREAS, as a result of the injuries, Anthony John

30  Angelillo has constant pain that requires consistent

31  medication; he is required to use a cane to walk; and he will


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






    SB 70                                    First Engrossed (ntc)



 1  need further medical procedures to his left foot and to his

 2  right extremity to allow him to fully straighten it and

 3  possibly use his right arm and shoulder for normal everyday

 4  activities in the future, and

 5         WHEREAS, as a result of this accident, a legal action

 6  was filed by Anthony John Angelillo against Miami-Dade County

 7  in the Circuit Court of the Eleventh Judicial Circuit in and

 8  for Miami-Dade County (Case No. 01-11002-CA-20) alleging

 9  negligence on the part of Miami-Dade County, and

10         WHEREAS, Anthony John Angelillo and Miami-Dade County

11  voluntarily settled this claim and lawsuit for the sum of

12  $450,000, and

13         WHEREAS, since the maximum amount that may be awarded

14  and voluntarily paid under s. 768.28, Florida Statutes, the

15  sum of $200,000, has been paid, Anthony John Angelillo

16  petitions the Legislature for further payment in the amount of

17  $250,000, and

18         WHEREAS, in the Settlement and Release of All Claims

19  executed by the parties in the lawsuit filed in this matter,

20  Miami-Dade County agreed not to object to a claim bill

21  presented to the Florida Legislature in the amount of

22  $250,000, NOW, THEREFORE,

23  

24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  The facts stated in the preamble to this

27  act are found and declared to be true.

28         Section 2.  Miami-Dade County is authorized and

29  directed to appropriate from funds of the county not otherwise

30  encumbered and to pay, as agreed by the parties in accordance

31  with the release of all claims, to Anthony John Angelillo the


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    SB 70                                    First Engrossed (ntc)



 1  sum of $250,000 as compensation for injuries suffered due to

 2  the negligence of an employee of Miami-Dade County.

 3         Section 3.  This award is intended to provide the sole

 4  compensation for any and all present and future claims arising

 5  out of the factual situation in connection with the injury to

 6  Anthony John Angelillo. Not more than 25 percent of the award

 7  may be paid by the claimant for attorney's fees, lobbying

 8  fees, costs, or other similar expenses.

 9         Section 4.  This act shall take effect upon becoming a

10  law.

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