Senate Bill sb0076er

    ENROLLED

    2007 Legislature                   CS for SB 76, 1st Engrossed



  1                                 

  2         An act for the relief of Claude Tunc, Martine

  3         Tunc, and Sandrine Tunc by the City of Miami

  4         Beach; providing for the relief of Claude Tunc

  5         and Martine Tunc, individually and as

  6         co-personal representatives of the estate of

  7         Stephanie Tunc, deceased, and Sandrine Tunc,

  8         sister of Stephanie Tunc, for the death of

  9         Stephanie Tunc and injuries and damages

10         sustained by Sandrine Tunc due to the

11         negligence of the City of Miami Beach;

12         providing for an appropriation; providing for

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

14         providing an effective date.

15  

16         WHEREAS, on February 22, 2003, 27-year-old Sandrine

17  Tunc and her 26-year-old sister, Stephanie Tunc, were

18  sunbathing on the soft sand of Miami Beach on a sunny

19  afternoon, and

20         WHEREAS, Officer George Varon, a police officer

21  employed by the City of Miami Beach Police Department, while

22  in the course and scope of his duties as a City of Miami Beach

23  police officer, drove a Miami Beach police vehicle on the soft

24  sand of Miami Beach and negligently drove through an area of

25  sunbathers near a lifeguard station, and in fact did drive

26  over Stephanie Tunc and Sandrine Tunc with his police vehicle,

27  proximately causing the death of Stephanie Tunc and serious

28  permanent injuries to Sandrine Tunc, and

29         WHEREAS, Stephanie Tunc was crushed to death by the

30  vehicle and died shortly after the incident, and Sandrine Tunc

31  


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




    ENROLLED

    2007 Legislature                   CS for SB 76, 1st Engrossed



 1  survived the accident and was transferred to the Ryder Trauma

 2  Center at the Jackson Memorial Hospital, and

 3         WHEREAS, the parents of Stephanie Tunc, Claude Tunc and

 4  Martine Tunc, seek to recover damages for their mental pain

 5  and suffering, as well as future loss of support of services

 6  based on the death of their daughter, and

 7         WHEREAS, Sandrine Tunc seeks damages for past pain and

 8  suffering, disability, impairment, disfigurement, mental

 9  anguish, inconvenience, and lost capacity to enjoy life;

10  future pain and suffering, disability, impairment,

11  disfigurement, mental anguish, inconvenience, and lost

12  capacity to enjoy life; loss of future earning capacity; and

13  future medical and psychiatric care and rehabilitation, and

14         WHEREAS, Sandrine Tunc was hospitalized from February

15  22, 2003, through February 28, 2003, at the Jackson Memorial

16  Hospital for a lacerated liver, fractured ribs, punctured

17  lung, contusions, and hematomas, and

18         WHEREAS, also as a result of the injuries incurred on

19  February 22, 2003, Sandrine Tunc has disfiguring scars as well

20  as a permanent hardened cyst-like hematoma in her lower left

21  groin area, and

22         WHEREAS, Sandrine Tunc incurred medical expenses of

23  $37,624.20 for her treatment at the Jackson Memorial Hospital

24  Ryder Trauma Center, and the decedent, Stephanie Tunc,

25  incurred medical expenses of $45,030.24 at the Jackson

26  Memorial Hospital Ryder Trauma Center, and

27         WHEREAS, Sandrine Tunc is receiving continuous medical

28  and psychiatric care due to the above injuries as well as the

29  emotional trauma of watching her sister being crushed to death

30  by the police vehicle while they were lying side-by-side on

31  the beach, and


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




    ENROLLED

    2007 Legislature                   CS for SB 76, 1st Engrossed



 1         WHEREAS, as a result of a suit filed following the

 2  incident, the City Commission of the City of Miami Beach

 3  voluntarily agreed to a settlement of this cause in the amount

 4  of $1,500,000, of which $200,000 will be paid by the City of

 5  Miami Beach, and

 6         WHEREAS, the remaining $1,300,000 is to be paid subject

 7  to the passage of a claim bill introduced in the Legislature,

 8  and

 9         WHEREAS, the City of Miami Beach has agreed to support

10  this claim bill, NOW, THEREFORE,

11  

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

13  

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

15  act are found and declared to be true.

16         Section 2.  The City of Miami Beach is authorized and

17  directed to appropriate from funds not otherwise appropriated

18  and to draw warrants in the amount of $325,000 to be paid to

19  Claude Tunc and Martine Tunc, individually and as co-personal

20  representatives of the estate of Stephanie Tunc, deceased, and

21  in the amount of $975,000 to Sandrine Tunc, which amount is

22  inclusive of costs and attorney's fees as limited by this act,

23  as compensation for injuries and damages sustained due to the

24  negligence of the City of Miami Beach.

25         Section 3.  Payment for the combined total of

26  professional services and costs incurred by attorneys,

27  lobbyists, and agents or representatives of attorneys or

28  lobbyists shall not exceed $280,000.

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

30  law.

31  


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