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

providing for a limitation on payment of fees and costs;

7

directing the Chief Financial Officer to draw a warrant

8

and make payment; providing 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 road,

14

and

15

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

16

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

17

the vehicles to collide nearly head-on and extensively damaging

18

both vehicles, and

19

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

20

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

21

of Agriculture and Consumer Services admitted liability for the

22

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 mobile

44

petting zoo, operated numerous summer and after-school programs

45

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 a

54

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

55

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

56

on May 13, 2002, and

57

     WHEREAS, the Department of Agriculture and Consumer Services

58

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

59

768.28, Florida Statutes, leaving a remaining excess judgment

60

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 are

65

found and declared to be true.

66

     Section 2. (1) The total sum of $4 million is appropriated

67

from the General Revenue Fund to the Department of Agriculture

68

and Consumer Services for the relief of Laura Laporte for

69

injuries and damages sustained.

70

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

71

provide the sole compensation for any present and future claims

72

arising out of the factual situation in connection with the

73

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

74

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

75

costs, or other similar expenses.

76

     Section 3. The Chief Financial Officer is directed to draw

77

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

78

funds of the Department of Agriculture and Consumer Services, and

79

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

80

such funds in the State Treasury.

81

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