HB 1035

1
A bill to be entitled
2An act for the relief of Donna Sofka Marini (formerly
3known as Donna Sofka) by Polk County; providing for an
4appropriation to compensate her for injuries and damages
5sustained due to the negligence of Polk County; providing
6a limitation on the payment of fees and costs; providing
7an effective date.
8
9     WHEREAS, on December 28, 1988, Donna Sofka Marini (then
10known as Donna Sofka) was involved in a vehicular accident that
11left her a quadriplegic, and
12     WHEREAS, on that date, Donna Sofka Marini was driving her
13car westward on East Lamp Post Lane north of Lakeland, where
14East Post Lane meets Old Polk City Road at the crest of a small
15hill, and
16     WHEREAS, East Lamp Post Lane had recently been extended
17past Old Polk City Road into a relatively new road named West
18Lamp Post Lane, but there was no stop sign or other marking
19denoting the intersection, and
20     WHEREAS, despite Polk County's knowledge that recent
21construction in the area had created a four-way intersection and
22essentially a "through" street, traffic-control devices had not
23been installed at the time of the accident, and
24     WHEREAS, suit was filed against various defendants,
25including Polk County, and, at trial, unrebutted testimony
26established that the creation of the four-way intersection
27created a dangerous condition, and
28     WHEREAS, Polk County's own traffic-sign foreman concurred
29that the intersection was dangerous, and the manual used by the
30county clearly indicated that traffic control devices were
31needed at the intersection, and
32     WHEREAS, the jury agreed and awarded Donna Sofka Marini
33$6.5 million in damages, in accordance with the degree of
34responsibility for the accident attributed to the county, which
35was 77 percent, and
36     WHEREAS, after years of appeals and a new trial, a
37Stipulated Final Judgment in the amount of $600,000 against the
38county was entered into by the parties, NOW, THEREFORE,
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  The facts stated in the preamble to this act
43are found and declared to be true.
44     Section 2.  The Board of County Commissioners of Polk
45County is authorized and directed to appropriate from funds of
46the county not otherwise appropriated and to draw a warrant
47payable to Donna Sofka Marini for the total amount of $600,000
48as compensation for injuries and damages sustained as a result
49of the negligence of Polk County.
50     Section 3.  Any amount awarded under this act pursuant to
51the waiver of sovereign immunity permitted under s. 768.28,
52Florida Statutes, and this award is intended to provide the sole
53compensation for all present and future claims arising out of
54the factual situation described in the preamble to this act
55which resulted in the injury to Donna Sofka Marini. The total
56amount paid for attorney's fees, lobbying fees, costs, and other
57similar expenses relating to this claim may not exceed 25
58percent of the amount awarded under section 2.
59     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.