HB 67

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
45	are 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.

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