Senate Bill sb0070e2

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    SB 70                                         Second Engrossed

  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 for

  7         attorney's fees, lobbyist's fees, and costs;

  8         providing an effective date.


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

11  driving his motorcycle and Miami-Dade Police Officer Barry

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

13  and

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

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

16  of his authority, and

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

18  motorcycle driven by Anthony John Angelillo and the automobile

19  driven by Officer Savage occurred at the intersection of

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

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

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

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

24  Angelillo suffered severe bodily injury to his right arm,

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

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

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

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

29  required numerous medical procedures and operations, and

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

31  Angelillo has constant pain that requires consistent


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    SB 70                                         Second Engrossed

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

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

 3  right extremity to allow him to fully straighten it and

 4  possibly use his right arm and shoulder for normal everyday

 5  activities in the future, and

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

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

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

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

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

11         WHEREAS, Anthony John Angelillo and Miami-Dade County

12  voluntarily settled this claim and lawsuit for the sum of

13  $450,000, and

14         WHEREAS, since the maximum amount that may be awarded

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

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

17  petitions the Legislature for further payment in the amount of

18  $250,000, and

19         WHEREAS, in the Settlement and Release of All Claims

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

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

22  presented to the Florida Legislature in the amount of

23  $250,000, NOW, THEREFORE,


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


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

28  act are found and declared to be true.

29         Section 2.  Miami-Dade County is authorized and

30  directed to appropriate from funds of the county not otherwise

31  encumbered and to pay to Anthony John Angelillo the sum of


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    SB 70                                         Second Engrossed

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

 2  negligence of an employee of Miami-Dade County.

 3         Section 3.  Payment for the combined total of

 4  professional services and costs incurred by attorneys,

 5  lobbyists, and agents or representatives of attorneys or

 6  lobbyists shall not exceed $40,000.

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

 8  law.

























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