Florida Senate - 2009              (Introducer Changed)    SB 56
       
       
       
       By Senator Rich
       
       
       
       
       36-00144-09                                             200956__
    1                        A bill to be entitled                      
    2         An act for the relief of Madonna Castillo, a minor,
    3         and Reyna Castillo, individually and as the natural
    4         guardian of Madonna Castillo, by the City of Hialeah;
    5         providing for an appropriation to compensate them for
    6         injuries and damages sustained by Madonna Castillo as
    7         a result of the negligence of the City of Hialeah;
    8         providing a limitation on the payment of fees and
    9         costs; providing an effective date.
   10  
   11         WHEREAS, on July 3, 1998, Madonna Castillo, a minor, was
   12  swimming in the public pool at Milander Park in the City of
   13  Hialeah, and
   14         WHEREAS, the City of Hialeah managed and operated the pool
   15  at Milander Park, and
   16         WHEREAS, city employees allowed swimmers to race and dive
   17  in and around areas of the pool in which others were swimming,
   18  and
   19         WHEREAS, the lifeguard on duty had abandoned his post, and
   20         WHEREAS, while Madonna Castillo was standing in the pool
   21  talking to her sister, Madonna Castillo was struck in the eye by
   22  another swimmer, and
   23         WHEREAS, as a result of the incident, Madonna Castillo
   24  suffered total vision loss in her right eye, and underwent two
   25  surgeries, including the insertion of a microvalve to regulate
   26  intraocular pressure, and
   27         WHEREAS, Madonna Castillo's injuries will require the
   28  eventual removal of her right eye and the insertion of a
   29  prosthetic eye, and
   30         WHEREAS, Reyna Castillo, mother and natural guardian of
   31  Madonna Castillo, is obligated for past and future medical
   32  expenses and losses incurred by her daughter, and
   33         WHEREAS, after a jury trial resulting in a verdict in favor
   34  of Madonna and Reyna Castillo, the City of Hialeah initiated
   35  appellate proceedings, and
   36         WHEREAS, the parties entered into a settlement agreement,
   37  pursuant to which the City of Hialeah paid to the Plaintiffs the
   38  sum of $200,000 on April 2, 2004, and agreed to support a claim
   39  bill by the Legislature in the amount of $500,000 in favor of
   40  Reyna Castillo, NOW, THEREFORE,
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43         
   44         Section 1. The facts stated in the preamble to this act are
   45  found and declared to be true.
   46         Section 2. The City of Hialeah is authorized and directed
   47  to appropriate from funds of the city not otherwise appropriated
   48  and to draw a warrant in the amount of $500,000, pursuant to the
   49  settlement agreement, to be paid to Reyna Castillo, individually
   50  and as natural guardian of Madonna Castillo, a minor, which is
   51  inclusive of costs and attorney's fees as limited in accordance
   52  with s. 768.28, Florida Statutes, as compensation for the
   53  injuries sustained by Madonna Castillo due to the negligence of
   54  the City of Hialeah.
   55         Section 3. This award is intended to provide the sole
   56  compensation for all present and future claims arising out of
   57  the factual situation described in this act which resulted in
   58  the injuries sustained by Madonna Castillo. The total amount
   59  paid for attorney's fees, lobbying fees, costs, and other
   60  similar expenses relating to this claim may not exceed 25
   61  percent of the amount awarded under this act.
   62         Section 4. This act shall take effect upon becoming a law.