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A bill to be entitled

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An act relating to the Department of Transportation;

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providing an appropriation to compensate the estate of Dr.

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Sherrill Lynn Aversa for the death of Dr. Sherrill Lynn

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Aversa, which was the result of negligence by an employee

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of the department; providing for attorney's fees and

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costs; providing a limitation on the payment of fees and

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costs; providing an effective date.

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     WHEREAS, on June 21, 1999, an employee of the Department of

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Transportation was driving a departmental truck northbound on

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Interstate 75 in Hillsborough County, Florida, and

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     WHEREAS, on that same day, Dr. Sherrill Lynn Aversa, having

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completed an interview with the University of South Florida

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Medical School, was traveling south on Interstate 75, and

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     WHEREAS, by departmental policy, employees of the department

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are required to ensure that all items used by the department and

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stored on the truck are appropriately secured to the truck, and

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     WHEREAS, one such item used by the department and stored on

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the truck was a 12-foot extension ladder stored on the top of the

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truck, and

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     WHEREAS, the department's employee failed to ensure that the

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ladder was secured to the truck before leaving the department's

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maintenance yard, and

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     WHEREAS, thereafter, while the employee traveled northbound

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on Interstate 75, the extension ladder flew from the roof of the

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truck into the northbound traffic following the department's

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truck, and

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     WHEREAS, the driver to the rear of the department's truck

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swerved to avoid hitting the extension ladder which came directly

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at the driver in her lane of Interstate 75, and

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     WHEREAS, as a result of the swerving movements, the driver

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of the car behind the department's truck lost control of her

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vehicle, veered to the left, crossed the Interstate 75 median,

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and struck Dr. Aversa's vehicle, killing Dr. Aversa instantly,

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and

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     WHEREAS, as a result of these events, the estate of Dr.

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Aversa brought suit against the Department of Transportation for

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the negligence causing the death of Dr. Aversa, and

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     WHEREAS, after 3 years of litigation, the department

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admitted liability for the accident and agreed to settle the

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case, and

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     WHEREAS, the parties agreed to a consent judgment solely

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against the department, with no comparative negligence finding

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against any other party, in the amount of $797,500, and

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     WHEREAS, the Department of Transportation has paid $100,000

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to the estate of Dr. Sherrill Lynn Aversa under the statutory

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limits of liability set forth in s. 768.28, Florida Statutes,

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NOW, THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. The sum of $697,500 is appropriated from the

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General Revenue Fund to the Department of Transportation, which

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amount includes attorney's fees and costs, as compensation to the

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estate of Dr. Sherrill Lynn Aversa for the death of Dr. Aversa.

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     Section 3. The Chief Financial Officer is directed to draw

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a warrant in favor of the estate of Dr. Sherrill Lynn Aversa in

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the sum of $697,500 upon funds of the Department of

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Transportation not otherwise encumbered, and the Chief Financial

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Officer is directed to pay the same out of such funds in the

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State Treasury.

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     Section 4. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in the

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death of Dr. Sherrill Lynn Aversa. The total amount paid for

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attorney's fees, lobbying fees, costs, and other similar expenses

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relating to this claim may not exceed 25 percent of the amount

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awarded under this act.

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     Section 5.  This act shall take effect upon becoming a law.