Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 56
       
       
       
       
       
       
                                Barcode 207826                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/31/2009           .                                
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       The Committee on Community Affairs (Deutch) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 46 - 54
    4  and insert:
    5         Section 2. The City of Hialeah is authorized and directed
    6  to appropriate from funds of the city not otherwise appropriated
    7  and to draw a warrant in the amount of $500,000, pursuant to the
    8  settlement agreement, to be paid to Madonna Castillo, which sum
    9  is inclusive of costs and attorney’s fees as limited in
   10  accordance with s. 768.28, Florida Statutes, as compensation for
   11  the injuries sustained by Madonna Castillo due to the negligence
   12  of the City of Hialeah.
   13  
   14  ================= T I T L E  A M E N D M E N T ================
   15         And the title is amended as follows:
   16         Delete everything before the enacting clause
   17  and insert:
   18                        A bill to be entitled                      
   19         An act for the relief of Madonna Castillo by the City
   20         of Hialeah; providing for an appropriation to
   21         compensate her for injuries and damages that she
   22         sustained as a result of the negligence of the City of
   23         Hialeah; providing a limitation on the payment of fees
   24         and costs; providing an effective date.
   25  
   26         WHEREAS, on July 3, 1998, Madonna Castillo, a minor, was
   27  swimming in the public pool at Milander Park in the City of
   28  Hialeah, and
   29         WHEREAS, the City of Hialeah managed and operated the pool
   30  at Milander Park, and
   31         WHEREAS, city employees allowed swimmers to be rowdy in and
   32  around areas of the pool in which others were swimming, and
   33         WHEREAS, the lifeguard on duty had abandoned his post, and
   34         WHEREAS, while Madonna Castillo was standing in the pool
   35  talking to her sister, Madonna Castillo was struck in the eye by
   36  another swimmer, and
   37         WHEREAS, as a result of the incident, Madonna Castillo
   38  suffered total vision loss in her right eye, and underwent two
   39  surgeries, including the insertion of a microvalve to regulate
   40  intraocular pressure, and
   41         WHEREAS, Madonna Castillo’s injuries will require the
   42  eventual removal of her right eye and the insertion of a
   43  prosthetic eye, and
   44         WHEREAS, after a jury trial resulting in a verdict in favor
   45  of Madonna Castillo, the City of Hialeah initiated appellate
   46  proceedings, and
   47         WHEREAS, the parties entered into a settlement agreement,
   48  pursuant to which, on April 2, 2004, the City of Hialeah paid to
   49  Madonna Castillo and her mother, Reyna Castillo, the sum of
   50  $100,000 apiece, for a grand total of $200,000, and agreed to
   51  support a claim bill by the Legislature in the amount of
   52  $500,000 in favor of Madonna Castillo, NOW, THEREFORE,