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A bill to be entitled

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An act relating to Dennis Gay and Diana Gay, wife of

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Dennis Gay; providing an appropriation to compensate

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Dennis and Diana Gay for injuries sustained as a result of

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the negligence of the Department of Transportation;

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providing for the use of funds; providing for the

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reversion of funds to the state; providing for payment by

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the Chief Financial Officer; providing a limitation on the

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payment of attorney's fees and lobbying fees and costs;

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providing an effective date.

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     WHEREAS, on February 2, 2005, at approximately 7 a.m.,

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Dennis Gay, a 58-year-old man, was a pedestrian in the crosswalk

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of Brorein Street in Tampa when he was struck by a Department of

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Transportation vehicle, thrown approximately 27 feet rendering

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him unconscious, and taken by ambulance to Tampa General

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Hospital, and

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     WHEREAS, Mr. Gay was admitted to the hospital in critical

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condition and diagnosed as having a skull fracture, subarachnoid

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hemorrhage, subdural hematoma, intracerebral hemorrhage, and left

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hemiparesis, and the primary neurosurgeon induced a coma to try

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and control the swelling in Mr. Gay's brain, and

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     WHEREAS, Mr. Gay was objectively diagnosed by magnetic

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resonance imaging as having significant brain bleeding, which

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left him permanently brain-damaged and suffering from impaired

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cognitive functioning and loss of emotional control, and the

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neuropsychologist hired by the Department of Transportation to

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examine Mr. Gay concurred in the finding of permanent brain

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damage, and

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     WHEREAS, upon discharge from the hospital several months

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later in April 2005, Mr. Gay exhibited goal-directed behavior

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only if cued, was able to relearn old skills such as activities

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of daily living but memory loss interfered with new learning, had

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a beginning awareness of self and others, suffered cognitive

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difficulties and struggled with ambulation, and was unable to

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negotiate the entry stairs at his home requiring ramp

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modifications to the premises, and

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     WHEREAS, Diana Gay, Dennis Gay's wife of 35 years, is left

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with the care and custody of a significantly disabled man who

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looks like her husband but no longer acts like her husband, and

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     WHEREAS, Dennis and Diana Gay filed a lawsuit against the

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Department of Transportation seeking compensation for injuries

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and damages sustained, and

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     WHEREAS, there is no dispute as to the liability of the

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Department of Transportation, and the department has submitted to

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a consent judgment in the amount of $900,000, with Dennis Gay to

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receive $600,000 and his wife to receive $300,000, and

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

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to each claimant pursuant to the limits of liability set forth in

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s. 768.29, Florida Statutes, and the remainder is conditioned

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upon the passage of a claim bill by the Legislature in the amount

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of $700,000, of which $500,000 is to be placed in a special needs

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trust created for the benefit of Dennis Gay, and $200,000 is to

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be paid to Diana Gay, 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. There is appropriated from the General Revenue

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Fund to the Department of Transportation as compensation for

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injuries and damages sustained by Dennis and Diana Gay due to the

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negligence of the department, and as agreed to in a consent

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judgment:

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      (1) The sum of $500,000, to be paid to Dennis Gay and

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placed in a special needs trust created for the use and benefit

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of Dennis Gay. Any funds remaining in the trust upon the death of

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Dennis Gay shall revert to the General Revenue Fund; and

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      (2) The sum of $200,000, to be paid to Diana Gay.

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     Section 3. The Chief Financial Officer is directed to draw

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warrants upon funds in the State Treasury to the credit of the

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Department of Transportation in the amount of $500,000 in favor

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of Dennis Gay; and the amount of $200,000 in favor of Diana Gay.

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     Section 4. Any amount paid by the Department of

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Transportation pursuant to the waiver of sovereign immunity

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permitted under s. 768.28, Florida Statutes, and this award are

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intended to provide the sole compensation for all present and

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future claims arising out of the factual situation described in

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the preamble to this act which resulted in injuries and damages

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to Dennis and Diana Gay. The total amount paid for attorney's

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

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

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under section 3 of this act.

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