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A bill to be entitled

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An act relating to the Department of Agriculture and

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Consumer Services; providing for the relief of Laura

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Laporte for injuries she sustained as a result of

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negligence by an employee of the department; providing an

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appropriation; providing a limitation on the payment of

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fees and costs; 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, after the Department of Agriculture and Consumer

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Services has paid $100,000 pursuant to its obligation under s.

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768.28, Florida Statutes, the remaining excess judgment amount

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owed will be $5,500,647.81, 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 $5,500,647.81 is appropriated from

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the General Revenue Fund to the Department of Agriculture and

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Consumer Services for the relief of Laura Laporte for injuries

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and damages sustained due to the negligence of an employee of the

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department.

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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 $5,500,647.81

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upon funds of the Department of Agriculture and Consumer Services

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and to pay the same out of funds in the 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 injury

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to Laura Laporte. The total amount paid for attorney's fees,

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lobbying fees, costs, and other similar expenses relating to this

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claim may not exceed 25 percent of the amount awarded under this

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act.

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