| 1 | A bill to be entitled |
| 2 | An act for the relief of Madonna Castillo by the City of |
| 3 | Hialeah; providing for an appropriation to compensate her |
| 4 | for injuries and damages that she sustained as a result of |
| 5 | the negligence of the City of Hialeah; providing a |
| 6 | limitation on the payment of fees and costs; providing an |
| 7 | effective date. |
| 8 |
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| 9 | WHEREAS, on July 3, 1998, Madonna Castillo, a minor, was |
| 10 | swimming in the public pool at Milander Park in the City of |
| 11 | Hialeah, and |
| 12 | WHEREAS, the City of Hialeah managed and operated the pool |
| 13 | at Milander Park, and |
| 14 | WHEREAS, city employees allowed swimmers to be rowdy in and |
| 15 | around areas of the pool in which others were swimming, and |
| 16 | WHEREAS, the lifeguard on duty had abandoned his post, and |
| 17 | WHEREAS, while Madonna Castillo was standing in the pool |
| 18 | talking to her sister, Madonna Castillo was struck in the eye by |
| 19 | another swimmer, and |
| 20 | WHEREAS, as a result of the incident, Madonna Castillo |
| 21 | suffered total vision loss in her right eye and underwent two |
| 22 | surgeries, including the insertion of a microvalve to regulate |
| 23 | intraocular pressure, and |
| 24 | WHEREAS, Madonna Castillo's injuries will require the |
| 25 | eventual removal of her right eye and the insertion of a |
| 26 | prosthetic eye, and |
| 27 | WHEREAS, after a jury trial resulting in a verdict in favor |
| 28 | of Madonna Castillo, the City of Hialeah initiated appellate |
| 29 | proceedings, and |
| 30 | WHEREAS, the parties entered into a settlement agreement, |
| 31 | pursuant to which, on April 2, 2004, the City of Hialeah paid to |
| 32 | Madonna Castillo and her mother, Reyna Castillo, the sum of |
| 33 | $100,000 apiece, for a grand total of $200,000, and agreed to |
| 34 | support a claim bill by the Legislature in the amount of |
| 35 | $500,000 in favor of Madonna Castillo, NOW, THEREFORE, |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. The facts stated in the preamble to this act |
| 40 | are found and declared to be true. |
| 41 | Section 2. The City of Hialeah is authorized and directed |
| 42 | to appropriate from funds of the city not otherwise appropriated |
| 43 | and to draw a warrant in the amount of $500,000, pursuant to the |
| 44 | settlement agreement, to be paid to Madonna Castillo, which sum |
| 45 | is inclusive of costs and attorney's fees as limited in |
| 46 | accordance with s. 768.28, Florida Statutes, as compensation for |
| 47 | the injuries sustained by Madonna Castillo due to the negligence |
| 48 | of the City of Hialeah. |
| 49 | Section 3. This award is intended to provide the sole |
| 50 | compensation for all present and future claims arising out of |
| 51 | the factual situation described in this act which resulted in |
| 52 | the injuries sustained by Madonna Castillo. The total amount |
| 53 | paid for attorney's fees, lobbying fees, costs, and other |
| 54 | similar expenses relating to this claim may not exceed 25 |
| 55 | percent of the amount awarded under this act. |
| 56 | Section 4. This act shall take effect upon becoming a law. |