HB 201

1	A bill to be entitled
2	An act for the relief of Laura Laporte; providing an
3	appropriation to compensate Laura Laporte for injuries she
4	sustained as a result of the negligence of an employee of
5	the Department of Agriculture and Consumer Services;
6	authorizing specified trust fund expenditures; providing
7	for a limitation on payment of fees and costs; providing
8	an effective date.
9
10	WHEREAS, on October 9, 1999, Sandra Jackson, a grove
11	inspector for the Department of Agriculture and Consumer
12	Services, was driving a four-wheel-drive truck southward on 66th
13	Avenue in Indian River County, Florida, a straight two-lane
14	road, and
15	WHEREAS, Ms. Jackson's vehicle pulled into the path of a
16	vehicle driven northward on 66th Avenue by Laura Laporte,
17	causing the vehicles to collide nearly head-on and extensively
18	damaging both vehicles, and
19	WHEREAS, at the time of the accident, Ms. Jackson was
20	acting within the course and scope of her employment, and the
21	Department of Agriculture and Consumer Services admitted
22	liability for the negligent conduct of its employee, and
23	WHEREAS, medical records obtained during the court case
24	filed on behalf of Laura Laporte revealed that Ms. Jackson had
25	opiates and benzodiazepines in her system at the time of the
26	accident, and
27	WHEREAS, the crash severely injured Laura Laporte's lower
28	extremities and, over the following 2 years, Ms. Laporte
29	underwent four major orthopedic surgeries to her legs at a cost
30	in excess of $160,000, and
31	WHEREAS, notwithstanding surgical intervention, Ms. Laporte
32	remains in extensive pain, has impaired mobility, and, according
33	to her physicians, will be permanently impaired, in spite of
34	anticipated surgery, and
35	WHEREAS, the cost of future medical expenses and household
36	assistance for Ms. Laporte is anticipated to approach $500,000,
37	and
38	WHEREAS, in addition to the injuries suffered on October 9,
39	1999, Ms. Laporte suffers from muscular dystrophy, which was
40	diagnosed when she was a teenager and which mainly affects the
41	strength of her upper extremities, and
42	WHEREAS, notwithstanding her physical limitations, before
43	the accident Ms. Laporte was very active as the owner of a
44	mobile petting zoo, operated numerous summer and after-school
45	programs for children, and spent many hours riding horses, and
46	WHEREAS, following the accident, Ms. Laporte is unable to
47	properly care for her animals and requires assistance if she
48	falls, and
49	WHEREAS, on January 10, 2002, a jury returned a verdict
50	awarding $5,582,776.82 in damages to Laura Laporte, and the
51	Department of Agriculture and Consumer Services moved for a
52	remittitur, claiming that the damage award was excessive, and
53	WHEREAS, the trial judge affirmed the jury's decision, and
54	a final judgment in the amount of $5,600,647.81, representing
55	the amount of the verdict plus taxable costs, was signed by the
56	court on May 13, 2002, and
57	WHEREAS, the Department of Agriculture and Consumer
58	Services has paid $100,000 pursuant to its obligation under
59	section 768.28, Florida Statutes, leaving a remaining excess
60	judgment amount of $5,500,647.81, NOW, THEREFORE,
61
62	Be It Enacted by the Legislature of the State of Florida:
63
64	Section 1.  The facts stated in the preamble to this act
65	are found and declared to be true.
66	Section 2.  (1)  The total sum of $4,000,000 is
67	appropriated to the Department of Agriculture and Consumer
68	Services as follows:
69	(a)  Two million dollars from the General Revenue Fund; and
70	(b)  Two million dollars from the Incidental Trust Fund
71	within the Department of Agriculture and Consumer Services
72
73	for the relief of Laura Laporte for injuries and damages
74	sustained.
75	(2)  Notwithstanding any statutory limitation on the use of
76	money in the Incidental Trust Fund within the Department of
77	Agriculture and Consumer Services from which money is
78	appropriated by this act, expenditures from that trust fund are
79	hereby authorized during the 2008-2009 fiscal year as provided
80	by this act.
81	(3)  The amount awarded under this act is intended to
82	provide the sole compensation for any present and future claims
83	arising out of the factual situation in connection with the
84	injury to Laura Laporte. Not more than 25 percent of the award
85	may be paid by the claimant for attorney's fees, lobbying fees,
86	costs, or other similar expenses.
87	Section 3.  The Chief Financial Officer is directed to draw
88	a warrant in favor of Laura Laporte in the sum of $4,000,000
89	upon funds of the Department of Agriculture and Consumer
90	Services, and the Chief Financial Officer is directed to pay the
91	same out of such funds in the State Treasury.
92	Section 4.  This act shall take effect upon becoming a law.

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