HB 283

1	A bill to be entitled
2	An act for the relief of Dennis Gay; providing an
3	appropriation to compensate Dennis Gay for injuries
4	sustained as a result of the negligence of the Department
5	of Transportation; providing for the use of funds;
6	providing for the reversion of funds to the state;
7	providing a limitation on the total amount paid for
8	attorney's fees, lobbying fees, costs, and other similar
9	expenses relating to the claim; providing an effective
10	date.
11
12	WHEREAS, on February 2, 2005, at approximately 7 a.m.,
13	Dennis Gay, a 60-year-old man, was a pedestrian in the crosswalk
14	of Brorein Street in Tampa when he was struck by a Department of
15	Transportation vehicle, and
16	WHEREAS, upon being struck by the vehicle, Dennis Gay was
17	thrown approximately 27 feet and rendered unconscious, and
18	WHEREAS, Dennis Gay was taken by ambulance to Tampa General
19	Hospital and was admitted to the hospital in critical condition,
20	diagnosed as having a skull fracture, subarachnoid hemorrhage,
21	subdural hematoma, intracerebral hemorrhage, and left
22	hemiparesis, and
23	WHEREAS, the primary neurosurgeon attending to Dennis Gay
24	induced a coma to try to control the swelling in Dennis Gay's
25	brain, and
26	WHEREAS, Dennis Gay was objectively diagnosed by computer
27	tomography imaging as having significant brain bleeding, which
28	left him permanently brain-damaged and suffering from impaired
29	cognitive functioning and loss of emotional control, and
30	WHEREAS, the neuropsychologist hired by the Department of
31	Transportation to examine Dennis Gay concurred in the finding of
32	permanent brain damage, and
33	WHEREAS, upon discharge from the hospital several months
34	later in April 2005, Dennis Gay exhibited goal-directed behavior
35	only if cued, was able to relearn old skills such as activities
36	of daily living, though memory loss interfered with new
37	learning, had a beginning awareness of self and others, suffered
38	cognitive difficulties and struggled with ambulation, and was
39	unable to negotiate the entry stairs at his home, thus requiring
40	ramp modifications to the premises, and
41	WHEREAS, Dennis Gay and his wife, Diana Gay, now deceased,
42	filed a lawsuit against the Department of Transportation seeking
43	compensation for injuries and damages sustained, and
44	WHEREAS, there is no dispute as to the liability of the
45	Department of Transportation, and the department has submitted
46	to a consent judgment in the amount of $900,000, and
47	WHEREAS, the Department of Transportation has paid $100,000
48	to Dennis Gay and $100,000 to Diana Gay, deceased, pursuant to
49	the limits of liability set forth in s. 768.28, Florida
50	Statutes, and payment of the remaining amount is conditioned
51	upon the passage of a claim bill by the Legislature in the
52	amount of $700,000, of which $500,000 is to be placed in a
53	special needs trust created for the benefit of Dennis Gay and
54	$200,000 is to be paid to Dennis Gay for past monetary losses,
55	NOW, THEREFORE,
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  The facts stated in the preamble to this act
60	are found and declared to be true.
61	Section 2.  There is appropriated from the General Revenue
62	Fund to the Department of Transportation the sum of $700,000 for
63	the relief of Dennis Gay as compensation for injuries and
64	damages sustained. Of the funds awarded under this section,
65	$500,000 shall be placed in a special needs trust created for
66	the use and benefit of Dennis Gay and $200,000 shall be paid to
67	Dennis Gay as compensation for past monetary losses. Any funds
68	remaining in the special needs trust upon the death of Dennis
69	Gay shall revert to the General Revenue Fund of the State of
70	Florida.
71	Section 3.  The Chief Financial Officer is directed to draw
72	a warrant in favor of Dennis Gay in the sum of $700,000 upon
73	funds in the State Treasury to the credit of the Department of
74	Transportation, and the Chief Financial Officer is directed to
75	pay the same out of such funds in the State Treasury not
76	otherwise appropriated.
77	Section 4.  Any amount paid by the Department of
78	Transportation pursuant to the waiver of sovereign immunity
79	permitted under s. 768.28, Florida Statutes, and the award under
80	this act are intended to provide the sole compensation for all
81	present and future claims arising out of the factual situation
82	described in the preamble to this act which resulted in injuries
83	and damages to Dennis Gay. The total amount paid for attorney's
84	fees, lobbying fees, costs, and other similar expenses relating
85	to this claim may not exceed 25 percent of the amount awarded
86	under section 2 of this act.
87	Section 5.  This act shall take effect upon becoming a law.

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