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A bill to be entitled

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An act relating to the Department of Transportation;

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providing for the relief of Amie Draiemann Stephenson,

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individually, and as Personal Representative of the Estate

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of Christian Darby Stephenson, deceased, and for the

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relief of Hailey Morgan Stephenson and Christian Darby

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Stephenson, II, as surviving minor children of the

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decedent; providing for an appropriation to compensate

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them for the wrongful death of Christian Darby Stephenson,

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which was due in part to the negligence of the department;

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providing a limitation on the payment of fees and costs;

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providing an effective date.

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     WHEREAS, on August 12, 2000, 29-year-old Christian Darby

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Stephenson was driving a gasoline tanker eastbound on the Hart

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Bridge Expressway in Duval County, and

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     WHEREAS, at the base of the bridge was a large pool of

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standing water which was caused by a clogged drain, and

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     WHEREAS, the Department of Transportation was responsible

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for the maintenance of the Hart Bridge Expressway drains at that

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location, and

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     WHEREAS, as Mr. Stephenson drove over the bridge, a Jeep

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that was traveling toward the tanker hit the puddle and

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hydroplaned, and

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     WHEREAS, Christian Stephenson took evasive action to avoid

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hitting the Jeep and also to avoid two other vehicles that had

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been involved in previous accidents and were parked in the

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striped safety zone alongside the expressway, and

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     WHEREAS, Mr. Stephenson attempted to make a hard right turn

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onto the Atlantic Avenue exit so as to avoid those three other

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vehicles, but, as he tried to take the exit, the gasoline tanker

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jackknifed, struck the guardrail, overturned, and exploded, and

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     WHEREAS, Christian Darby Stephenson was subsequently

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pronounced dead at the scene, and

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     WHEREAS, Mr. Stephenson's widow brought suit against the

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department in the Circuit Court of the Fourth Judicial Circuit,

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in and for Duval County, Florida (Case No. 01-03428 CA), and, on

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March 22, 2005, the jury returned a verdict that charged the

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Department of Transportation with 36 percent of the negligence

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that was a legal cause of Mr. Stephenson's death, and

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     WHEREAS, the jury verdict states the jury's determination

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that the total amount of damages sustained by Christian Darby

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Stephenson's estate is $1.3 million; the total amount sustained

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by Amie Draiemann Stephenson is $763,000; the total amount

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sustained by Hailey Morgan Stephenson is $1 million, and the

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total amount sustained by Christian Darby Stephenson, II, is

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$526,000, and

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     WHEREAS, when the aggregate sum of these damages is

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multiplied by 36 percent, the sum awarded to Mr. Stephenson's

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estate and the named survivors under the final judgment is

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$1,292,040, plus taxable costs, and

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     WHEREAS, after the Department of Transportation has paid

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$200,000, as allowed under s. 768.28, Florida Statutes, the

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remainder subject to being awarded under this act will be

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$1,092,040, plus taxable costs, 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 Chief Financial Officer is authorized and

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directed to appropriate from funds of the Department of

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Transportation not otherwise appropriated and to draw a warrant

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in the sum of $1,092,040, plus taxable costs, payable to Amie

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Draiemann Stephenson, as Personal Representative of the Estate of

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Christian Darby Stephenson, to compensate Mrs. Stephenson and the

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surviving minor children of Mr. and Mrs. Stephenson, Hailey

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Morgan Stephenson and Christian Darby Stephenson, II, for the

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wrongful death of Christian Darby Stephenson.

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     Section 3. 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 that resulted in the death of Christian Darby

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Stephenson as described in this act. The total amount paid for

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attorney's fees, lobbying fees, costs, and other similar expenses

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

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awarded under this act.

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