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The Committee on Judiciary (Baker) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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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. (1) The total sum of $4,000,000 is appropriated

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to the Department of Agriculture and Consumer Services as

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follows:

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     (a) Two million dollars from the General Revenue Fund; and

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     (b) Two million dollars from the Incidental Trust Fund

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within the Department of Agriculture and Consumer Services

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for the relief of Laura Laporte for injuries and damages

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sustained.

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     (2) Notwithstanding any statutory limitation on the use of

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money in the Incidental Trust Fund within the Department of

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Agriculture and Consumer Services from which money is

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appropriated by this act, expenditures from that trust fund are

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hereby authorized during the 2008-2009 fiscal year as provided by

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this act.

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     (3) The amount awarded under this act is intended to

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provide the sole compensation for any present and future claims

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arising out of the factual situation in connection with the

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injury to Laura Laporte. Not more than 25 percent of the award

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may be paid by the claimant for attorney's fees, lobbying fees,

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costs, or other similar expenses.

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     Section 3. The Chief Financial Officer is directed to draw

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a warrant in favor of Laura Laporte in the sum of $4,000,000 upon

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funds of the Department of Agriculture and Consumer Services, and

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the Chief Financial Officer is directed to pay the same out of

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such funds in the State Treasury.

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

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act for the relief of Laura Laporte; providing an

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appropriation to compensate Laura Laporte for injuries she

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sustained as a result of the negligence of an employee of the

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Department of Agriculture and Consumer Services; authorizing

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specified trust fund expenditures; providing for a limitation on

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payment of fees and costs; providing an effective date.;

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providing an effective date.

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     WHEREAS, on October 9, 1999, Sandra Jackson, a grove

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inspector for the Department of Agriculture and Consumer

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Services, was driving a four-wheel-drive truck southward on 66th

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Avenue in Indian River County, Florida, a straight two-lane road,

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and

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     WHEREAS, Ms. Jackson's vehicle pulled into the path of a

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vehicle driven northward on 66th Avenue by Laura Laporte, causing

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the vehicles to collide nearly head-on and extensively damaging

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both vehicles, and

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     WHEREAS, at the time of the accident, Ms. Jackson was acting

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within the course and scope of her employment, and the Department

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of Agriculture and Consumer Services admitted liability for the

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negligent conduct of its employee, and

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     WHEREAS, medical records obtained during the court case

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filed on behalf of Laura Laporte revealed that Ms. Jackson had

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opiates and benzodiazepines in her system at the time of the

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accident, and

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     WHEREAS, the crash severely injured Laura Laporte's lower

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extremities and, over the following 2 years, Ms. Laporte

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underwent four major orthopedic surgeries to her legs at a cost

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in excess of $160,000, and

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     WHEREAS, notwithstanding surgical intervention, Ms. Laporte

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remains in extensive pain, has impaired mobility, and, according

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to her physicians, will be permanently impaired, in spite of

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anticipated surgery, and

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     WHEREAS, the cost of future medical expenses and household

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assistance for Ms. Laporte is anticipated to approach $500,000,

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and

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     WHEREAS, in addition to the injuries suffered on October 9,

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1999, Ms. Laporte suffers from muscular dystrophy, which was

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diagnosed when she was a teenager and which mainly affects the

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strength of her upper extremities, and

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     WHEREAS, notwithstanding her physical limitations, before

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the accident Ms. Laporte was very active as the owner of a mobile

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petting zoo, operated numerous summer and after-school programs

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for children, and spent many hours riding horses, and

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     WHEREAS, following the accident, Ms. Laporte is unable to

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properly care for her animals and requires assistance if she

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falls, and

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     WHEREAS, on January 10, 2002, a jury returned a verdict

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awarding $5,582,776.82 in damages to Laura Laporte, and the

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Department of Agriculture and Consumer Services moved for a

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remittitur, claiming that the damage award was excessive, and

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     WHEREAS, the trial judge affirmed the jury's decision, and a

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final judgment in the amount of $5,600,647.81, representing the

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amount of the verdict plus taxable costs, was signed by the court

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on May 13, 2002, and

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     WHEREAS, the Department of Agriculture and Consumer Services

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has paid $100,000 pursuant to its obligation under section

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768.28, Florida Statutes, leaving a remaining excess judgment

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amount of $5,500,647.81, NOW, THEREFORE,

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3/31/2008  2:21:00 PM     JU.JU.06223