1 | A bill to be entitled |
2 | An act for the relief of Laura D. Strazza; providing |
3 | an appropriation to compensate her for injuries she |
4 | sustained as a result of the negligence of an employee |
5 | of the Department of Agriculture and Consumer |
6 | Services; providing a limitation on the payment of |
7 | fees and costs; providing an effective date. |
8 |
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9 | WHEREAS, on April 25, 1996, Laura D. Strazza was riding as |
10 | a passenger in a motor vehicle on U.S. 1 in Juno Beach, Palm |
11 | Beach County, and |
12 | WHEREAS, an employee of the Department of Agriculture and |
13 | Consumer Services, Division of Forestry, was operating, on and |
14 | next to that highway, a large transport truck that collided with |
15 | the motor vehicle in which Laura D. Strazza was a passenger, and |
16 | WHEREAS, as a consequence of this motor vehicle crash, |
17 | Laura D. Strazza sustained multiple grievous injuries such that |
18 | she has been unable to work, has undergone surgical procedures, |
19 | and needs to undergo future surgical procedures, and |
20 | WHEREAS, a legal action was brought by Laura Strazza, a |
21 | single woman, against the Department of Agriculture and Consumer |
22 | Services, and |
23 | WHEREAS, on July 13, 1999, a jury rendered a verdict in |
24 | favor of Laura D. Strazza, finding that the Department of |
25 | Agriculture and Consumer Services was partly negligent in |
26 | causing a motor vehicle crash between the vehicle in which Ms. |
27 | Strazza was riding as a passenger and the department's transport |
28 | truck, and |
29 | WHEREAS, the jury rendered damages in the amount of |
30 | $1,464,000, and, after reduction for collateral sources and |
31 | comparative negligence of the driver of the vehicle in which Ms. |
32 | Strazza was riding, a Final Judgment in the amount of $944,829 |
33 | and a Cost Judgment in the amount of $32,490.62, both bearing |
34 | interest at the statutory rate of 10 percent per year, were |
35 | entered against the Department of Agriculture and Consumer |
36 | Services, and |
37 | WHEREAS, the Department of Agriculture and Consumer |
38 | Services has paid Laura Strazza $100,000, the maximum amount |
39 | allowable under s. 768.28, Florida Statutes, and the remainder |
40 | owed under the judgment will be $877,319.62, plus $5,002.60 in |
41 | additional costs, for a total amount of $882,322.22, NOW, |
42 | THEREFORE, |
43 |
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44 | Be It Enacted by the Legislature of the State of Florida: |
45 |
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46 | Section 1. The facts stated in the preamble to this act |
47 | are found and declared to be true. |
48 | Section 2. The sum of $882,322.22 is appropriated from the |
49 | General Revenue Fund to the Department of Agriculture and |
50 | Consumer Services for the relief of Laura D. Strazza for |
51 | injuries and damages sustained. |
52 | Section 3. The Chief Financial Officer is directed to draw |
53 | a warrant in favor of Laura D. Strazza in the amount of |
54 | $882,322.22 upon funds of the Department of Agriculture and |
55 | Consumer Services in the State Treasury, and the Chief Financial |
56 | Officer is directed to pay the same out of such funds in the |
57 | State Treasury. |
58 | Section 4. This award is intended to provide the sole |
59 | compensation for all present and future claims arising out of |
60 | the factual situation described in this act which resulted in |
61 | injuries to Laura D. Strazza. The total amount paid for |
62 | attorney's fees, lobbying fees, costs, and other similar |
63 | expenses relating to this claim may not exceed 25 percent of the |
64 | amount awarded under this act. |
65 | Section 5. This act shall take effect upon becoming a law. |