| 1 | Representative(s) Bendross-Mindingall offered the following: |
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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. The City of Miami Beach is authorized and |
| 9 | directed to appropriate from funds not otherwise appropriated |
| 10 | and to draw warrants in the amount of $325,000 to be paid to |
| 11 | Claude Tunc and Martine Tunc, individually and as co-personal |
| 12 | representatives of the estate of Stephanie Tunc, deceased, and |
| 13 | in the amount of $975,000 to Sandrine Tunc, which amount is |
| 14 | inclusive of costs and attorney's fees as limited by this act, |
| 15 | as compensation for injuries and damages sustained due to the |
| 16 | negligence of the City of Miami Beach. |
| 17 | Section 3. Payment for the combined total of professional |
| 18 | services and costs incurred by attorneys, lobbyists, and agents |
| 19 | or representatives of attorneys or lobbyists shall not exceed |
| 20 | $280,000. |
| 21 | Section 4. This act shall take effect upon becoming a law. |
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| 25 | ======= T I T L E A M E N D M E N T ========== |
| 26 | On page 1, line 1, through page 3, line 8, remove all of |
| 27 | said lines, and insert: |
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| 30 | A bill to be entitled |
| 31 | An act for the relief of Claude Tunc, Martine Tunc, and |
| 32 | Sandrine Tunc by the City of Miami Beach; providing for |
| 33 | the relief of Claude Tunc and Martine Tunc, individually |
| 34 | and as co-personal representatives of the estate of |
| 35 | Stephanie Tunc, deceased, and Sandrine Tunc, sister of |
| 36 | Stephanie Tunc, for the death of Stephanie Tunc and |
| 37 | injuries and damages sustained by Sandrine Tunc due to the |
| 38 | negligence of the City of Miami Beach; providing for an |
| 39 | appropriation; providing for attorney's fees, lobbyist's |
| 40 | fees, and costs; providing an effective date. |
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| 42 | WHEREAS, on February 22, 2003, 27-year-old Sandrine Tunc |
| 43 | and her 26-year-old sister, Stephanie Tunc, were sunbathing on |
| 44 | the soft sand of Miami Beach on a sunny afternoon, and |
| 45 | WHEREAS, Officer George Varon, a police officer employed by |
| 46 | the City of Miami Beach Police Department, while in the course |
| 47 | and scope of his duties as a City of Miami Beach police officer, |
| 48 | drove a Miami Beach police vehicle on the soft sand of Miami |
| 49 | Beach and negligently drove through an area of sunbathers near a |
| 50 | lifeguard station, and in fact did drive over Stephanie Tunc and |
| 51 | Sandrine Tunc with his police vehicle, proximately causing the |
| 52 | death of Stephanie Tunc and serious permanent injuries to |
| 53 | Sandrine Tunc, and |
| 54 | WHEREAS, Stephanie Tunc was crushed to death by the vehicle |
| 55 | and died shortly after the incident, and Sandrine Tunc survived |
| 56 | the accident and was transferred to the Ryder Trauma Center at |
| 57 | the Jackson Memorial Hospital, and |
| 58 | WHEREAS, the parents of Stephanie Tunc, Claude Tunc and |
| 59 | Martine Tunc, seek to recover damages for their mental pain and |
| 60 | suffering, as well as future loss of support of services based |
| 61 | on the death of their daughter, and |
| 62 | WHEREAS, Sandrine Tunc seeks damages for past pain and |
| 63 | suffering, disability, impairment, disfigurement, mental |
| 64 | anguish, inconvenience, and lost capacity to enjoy life; future |
| 65 | pain and suffering, disability, impairment, disfigurement, |
| 66 | mental anguish, inconvenience, and lost capacity to enjoy life; |
| 67 | loss of future earning capacity; and future medical and |
| 68 | psychiatric care and rehabilitation, and |
| 69 | WHEREAS, Sandrine Tunc was hospitalized from February 22, |
| 70 | 2003, through February 28, 2003, at the Jackson Memorial |
| 71 | Hospital for a lacerated liver, fractured ribs, punctured lung, |
| 72 | contusions, and hematomas, and |
| 73 | WHEREAS, also as a result of the injuries incurred on |
| 74 | February 22, 2003, Sandrine Tunc has disfiguring scars as well |
| 75 | as a permanent hardened cyst-like hematoma in her lower left |
| 76 | groin area, and |
| 77 | WHEREAS, Sandrine Tunc incurred medical expenses of |
| 78 | $37,624.20 for her treatment at the Jackson Memorial Hospital |
| 79 | Ryder Trauma Center, and the decedent, Stephanie Tunc, incurred |
| 80 | medical expenses of $45,030.24 at the Jackson Memorial Hospital |
| 81 | Ryder Trauma Center, and |
| 82 | WHEREAS, Sandrine Tunc is receiving continuous medical and |
| 83 | psychiatric care due to the above injuries as well as the |
| 84 | emotional trauma of watching her sister being crushed to death |
| 85 | by the police vehicle while they were lying side-by-side on the |
| 86 | beach, and |
| 87 | WHEREAS, as a result of a suit filed following the |
| 88 | incident, the City Commission of the City of Miami Beach |
| 89 | voluntarily agreed to a settlement of this cause in the amount |
| 90 | of $1,500,000, of which $200,000 will be paid by the City of |
| 91 | Miami Beach, and |
| 92 | WHEREAS, the remaining $1,300,000 is to be paid subject to |
| 93 | the passage of a claim bill introduced in the Legislature, and |
| 94 | WHEREAS, the City of Miami Beach has agreed to support this |
| 95 | claim bill, NOW, THEREFORE, |