Florida Senate - 2012 (NP) SB 50 By Senator Bogdanoff 25-00199-12 201250__ 1 A bill to be entitled 2 An act for the relief of Monica Cantillo Acosta and 3 Luis Alberto Cantillo Acosta, surviving children of 4 Nhora Acosta, by Miami-Dade County; providing for an 5 appropriation to compensate them for the wrongful 6 death of their mother, Nhora Acosta, due to injuries 7 sustained as a result of the negligence of a Miami 8 Dade County bus driver; providing a limitation on the 9 payment of fees and costs; providing an effective 10 date. 11 12 WHEREAS, on November 12, 2004, at approximately 4:16 p.m. 13 in Miami-Dade County, Nhora Acosta entered Miami-Dade County bus 14 #04142 at a stop on S.W. 8th Street in Miami, Florida, paid the 15 driver, and was trying to find a seat on the crowded bus, and 16 WHEREAS, while Nhora Acosta walked toward the rear of the 17 bus in search of a seat, the bus driver ignored her safety and 18 failed to appropriately anticipate the stop-and-go traffic 19 patterns on the busy street. As a result, the bus driver 20 accelerated so quickly that in order to avoid a collision with 21 another vehicle, he suddenly slammed on the brakes, which caused 22 Nhora Acosta to fall and strike her head on an interior portion 23 of the bus, and 24 WHEREAS, because of the sudden change in velocity and the 25 violent force upon which Nhora Acosta struck her head within the 26 bus interior, she suffered a severe closed head injury and 27 massive brain damage, including a right subdural hemorrhage, a 28 left dural hemorrhage, diffused cerebral edema, and basilar 29 herniations, and 30 WHEREAS, Nhora Acosta was rushed to the trauma 31 resuscitation bay at Jackson Memorial Hospital in a comatose 32 state, was placed on a ventilator, underwent various procedures 33 to no avail, and was pronounced dead at 2:05 p.m. the next day, 34 and 35 WHEREAS, Nhora Acosta was a 54-year-old single mother of 36 two children, Monica Cantillo Acosta and Luis Alberto Cantillo 37 Acosta, who were raised exclusively by their mother, and because 38 of her death, her children were left orphaned, and 39 WHEREAS, Monica Cantillo Acosta and Luis Alberto Cantillo 40 Acosta loved their mother and only parent dearly, and they have 41 suffered enormous, intense mental pain and suffering due to 42 their mother’s untimely death, and have further lost the 43 support, love, guidance, and consortium of their only parent, 44 Nhora Acosta, as a result of the negligence of the Miami-Dade 45 bus driver, and 46 WHEREAS, on November 5, 2007, a Miami-Dade County jury 47 rendered a verdict and found the Miami-Dade County bus driver 48 100 percent negligent and responsible for the wrongful death of 49 Nhora Acosta, and determined the damages of Monica Cantillo 50 Acosta and Luis Alberto Cantillo Acosta to be $3 million each, 51 NOW, THEREFORE, 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. The facts stated in the preamble to this act are 56 found and declared to be true. 57 Section 2. Miami-Dade County is authorized and directed to 58 appropriate from funds of the county not otherwise appropriated 59 and to draw a warrant in the sum of $3 million, payable to 60 Monica Cantillo Acosta, and a warrant in the sum of $3 million, 61 payable to Luis Alberto Cantillo Acosta, as compensation for the 62 wrongful death of their mother, Nhora Acosta. 63 Section 3. The amounts awarded under this act are intended 64 to provide the sole compensation for all present and future 65 claims arising out of the factual situation described in this 66 act which resulted in the death of Nhora Acosta. The total 67 amount paid for attorney’s fees, lobbying fees, costs, and other 68 similar expenses relating to this claim may not exceed 25 69 percent of the total amount awarded under this act. 70 Section 4. This act shall take effect upon becoming a law.