Florida Senate - 2012 (NP) SB 64
By Senator Ring
32-00201-12 201264__
1 A bill to be entitled
2 An act for the relief of Laura Strazza Phillips;
3 providing an appropriation to compensate her for
4 injuries she sustained as a result of the negligence
5 of an employee of the Department of Agriculture and
6 Consumer Services; providing a limitation on the
7 payment of fees and costs; providing an effective
8 date.
9
10 WHEREAS, on April 25, 1996, Laura Strazza, n/k/a Laura
11 Strazza Phillips, was riding as a passenger in a motor vehicle
12 on U.S. 1 in Juno Beach, Palm Beach County, and
13 WHEREAS, an employee of the Department of Agriculture and
14 Consumer Services, Division of Forestry, was operating, on and
15 next to that highway, a large transport truck that collided with
16 the motor vehicle in which Laura Strazza Phillips was a
17 passenger, and
18 WHEREAS, as a consequence of this motor vehicle crash,
19 Laura Strazza Phillips sustained multiple grievous injuries such
20 that she has been unable to work, has undergone surgical
21 procedures, and needs to undergo future surgical procedures, and
22 WHEREAS, a legal action was brought by Laura Strazza
23 Phillips against the Department of Agriculture and Consumer
24 Services, and
25 WHEREAS, on July 13, 1999, a jury rendered a verdict in
26 favor of Laura Strazza Phillips finding that the Department of
27 Agriculture and Consumer Services was partly negligent in
28 causing a motor vehicle crash between the vehicle in which Mrs.
29 Phillips was riding as a passenger and the department’s
30 transport truck, and
31 WHEREAS, the jury rendered damages in the amount of
32 $1,464,000, and, after reduction for collateral sources and
33 comparative negligence of the driver of the vehicle in which
34 Laura Strazza Phillips was riding, a Final Judgment in the
35 amount of $944,829 and a Cost Judgment in the amount of
36 $32,490.62, both bearing interest at the statutory rate of 10
37 percent per year, were entered against the Department of
38 Agriculture and Consumer Services, and
39 WHEREAS, the Department of Agriculture and Consumer
40 Services has paid Laura Strazza Phillips $100,000, the maximum
41 amount allowable under s. 768.28, Florida Statutes, and the
42 remainder owed under the judgment is $877,319.62, plus $5,002.60
43 in additional costs, for a total amount of $882,322.22, NOW,
44 THEREFORE,
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. The facts stated in the preamble to this act are
49 found and declared to be true.
50 Section 2. The sum of $882,322.22 is appropriated from the
51 General Revenue Fund to the Department of Agriculture and
52 Consumer Services for the relief of Laura Strazza Phillips for
53 injuries and damages sustained.
54 Section 3. The Chief Financial Officer is directed to draw
55 a warrant in favor of Laura Strazza Phillips in the amount of
56 $882,322.22 upon funds of the Department of Agriculture and
57 Consumer Services in the State Treasury, and the Chief Financial
58 Officer is directed to pay the same out of such funds in the
59 State Treasury.
60 Section 4. The amount paid by the Department of Agriculture
61 and Consumer Services pursuant to s. 768.28, Florida Statutes,
62 and the amount paid pursuant to this act are intended to provide
63 the sole compensation for all present and future claims arising
64 out of the factual situation described in this act which
65 resulted in injuries to Laura Strazza Phillips. The total amount
66 paid for attorney’s fees, lobbying fees, costs, and other
67 similar expenses relating to this claim may not exceed 25
68 percent of the amount awarded under this act.
69 Section 5. This act shall take effect upon becoming a law.