Florida Senate - 2012 (NP) SB 52 By Senator Negron 28-00179A-12 201252__ 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 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. The facts stated in the preamble to this act are 41 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.