| 1 | A bill to be entitled |
| 2 | An act for the relief of Criss Matute, Christian |
| 3 | Manuel Torres, Eddna Torres De Mayne, Lansky Torres, |
| 4 | and Nasdry Yamileth Torres Barahona by the Palm Beach |
| 5 | County Sheriff's Office; providing for an |
| 6 | appropriation to compensate them for injuries |
| 7 | sustained as a result of the negligence of the Palm |
| 8 | Beach County Sheriff's Office for the wrongful death |
| 9 | of their father, Manuel Antonio Matute; providing a |
| 10 | limitation on the payment of fees and costs; providing |
| 11 | an effective date. |
| 12 |
|
| 13 | WHEREAS, Manuel Antonio Matute, age 60, was killed on |
| 14 | October 29, 2008, when he was hit head-on by a sheriff's office |
| 15 | vehicle whose driver, a Palm Beach County Deputy Sheriff, lost |
| 16 | control of the vehicle on South Military Trail in West Palm |
| 17 | Beach, Palm Beach County, and |
| 18 | WHEREAS, Manuel A. Matute's surviving child, Eddna Torres |
| 19 | De Mayne, brought a wrongful-death action against the Palm Beach |
| 20 | County Sheriff's Office seeking damages for her siblings, Criss |
| 21 | Matute, Christian Manuel Torres, Lansky Torres, and Nasdry |
| 22 | Yamileth Torres Barahona, and herself for their anguish and |
| 23 | mental pain and suffering due to the tragic death of their |
| 24 | father, and |
| 25 | WHEREAS, on January 4, 2011, the Palm Beach County |
| 26 | Sheriff's Office agreed to settle the claim in the amount of |
| 27 | $500,000, and |
| 28 | WHEREAS, in May 2011, the Palm Beach County Sheriff's |
| 29 | Office tendered to Eddna Torres De Mayne, as personal |
| 30 | representative of the Estate of Manuel A. Matute, a payment of |
| 31 | $128,149.02 in accordance with the statutory limits of liability |
| 32 | set forth in s. 768.28, Florida Statutes, and |
| 33 | WHEREAS, Eddna Torres De Mayne, as personal representative |
| 34 | of the Estate of Manuel A. Matute, seeks satisfaction of the |
| 35 | balance of the settlement agreement which is $371,850.98, NOW, |
| 36 | THEREFORE, |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. The facts stated in the preamble to this act |
| 41 | are found and declared to be true. |
| 42 | Section 2. The Palm Beach County Sheriff's Office is |
| 43 | authorized and directed to appropriate from funds of the county |
| 44 | not otherwise appropriated and to draw a warrant in the sum of |
| 45 | $371,850.98, payable to Eddna Torres De Mayne, as personal |
| 46 | representative of the Estate of Manuel A. Matute, as |
| 47 | compensation for injuries and damages sustained due to the |
| 48 | wrongful death of Manuel Antonio Matute. |
| 49 | Section 3. The amount paid by the Palm Beach County |
| 50 | Sheriff's Office pursuant to s. 768.28, Florida Statutes, and |
| 51 | the amount awarded under this act are intended to provide the |
| 52 | sole compensation for all present and future claims arising out |
| 53 | of the factual situation described in this act which resulted in |
| 54 | the death of Manuel Antonio Matute. The total amount paid for |
| 55 | attorney's fees, lobbying fees, costs, and other similar |
| 56 | expenses relating to this claim may not exceed 25 percent of the |
| 57 | amount awarded under this act. |
| 58 | Section 4. This act shall take effect upon becoming a law. |