Florida Senate - 2010 (NP) CS for SB 50 By the Committee on Community Affairs; and Senator Rich 578-02707-10 201050c1 1 A bill to be entitled 2 An act for the relief of Madonna Castillo by the City 3 of Hialeah; providing for an appropriation to 4 compensate her for injuries and damages that she 5 sustained as a result of the negligence of the City of 6 Hialeah; providing a limitation on the payment of fees 7 and costs; providing an effective date. 8 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 the sum of $200,000, and agreed to support a 33 claim bill by the Legislature in the amount of $500,000 in favor 34 of Madonna Castillo, NOW, THEREFORE, 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. The facts stated in the preamble to this act are 39 found and declared to be true. 40 Section 2. The City of Hialeah is authorized and directed 41 to appropriate from funds of the city not otherwise appropriated 42 and to draw ten consecutive annual warrants in the amount of 43 $50,000 each, for a total settlement of $500,000, pursuant to 44 the settlement agreement, payable to Friedman, Rodman, & Frank 45 Trust and Madonna Castillo, which sum is inclusive of costs and 46 attorney’s fees as limited in accordance with s. 768.28, Florida 47 Statutes, as compensation for the injuries sustained by Madonna 48 Castillo due to the negligence of the City of Hialeah. The first 49 of the ten annual installments shall be paid on July 1, 2010, 50 with annual installments to be paid each subsequent year on July 51 1, concluding with the final installment to be paid on July 1, 52 2019. 53 Section 3. The amounts paid by the City of Hialeah pursuant 54 to s. 768.28, Florida Statutes, and the amount awarded under 55 this act are intended to provide the sole compensation for all 56 present and future claims arising out of the factual situation 57 described in the preamble to this act which resulted in the 58 injuries sustained by Madonna Castillo. The total amount paid 59 for attorney’s fees, lobbying fees, costs, and other similar 60 expenses relating to this claim may not exceed 25 percent of the 61 amount awarded under this act. 62 Section 4. This act shall take effect upon becoming a law.