Florida Senate - 2013                                      SB 12
       
       
       
       By Senator Montford
       
       
       
       
       3-00012-13                                              201312__
    1                        A bill to be entitled                      
    2         An act for the relief of Mark T. Sawicki and his wife,
    3         Sharon L. Sawicki, individually, by the City of
    4         Tallahassee; providing for an appropriation to
    5         compensate them for injuries sustained by Mark T.
    6         Sawicki as a result of the negligence of the City of
    7         Tallahassee; providing a limitation on the payment of
    8         fees and costs; providing an effective date.
    9  
   10         WHEREAS, on the morning of October 7, 2009, Mark T. Sawicki
   11  was riding his bicycle on his way to Florida State University in
   12  Tallahassee, where he works as an engineer, and
   13         WHEREAS, at the time of the accident, Mr. Sawicki was
   14  stopped at the intersection of Call Street and North Monroe
   15  Street while waiting to cross the street, and
   16         WHEREAS, a solid waste collection vehicle owned by the City
   17  of Tallahassee and operated by a city employee who was making a
   18  right-hand turn knocked Mr. Sawicki over, and
   19         WHEREAS, as a result of the foregoing incident, Mr. Sawicki
   20  sustained multiple fractures, including, but not limited to,
   21  fractures to his right and left pelvic region, right femur,
   22  right acetabulum pubic ramus, and sacrum; a torn urethra;
   23  multiple abrasions and lacerations to his right thigh and upper
   24  and lower extremities; and neurological damage to his right
   25  lower extremities, resulting in a dropped foot, and
   26         WHEREAS, on June 7, 2010, a complaint was filed on behalf
   27  of Mr. Sawicki and his wife, Sharon L. Sawicki, against the City
   28  of Tallahassee in the Circuit Court for Leon County, Case No.
   29  2010-CA-1984, and
   30         WHEREAS, the City of Tallahassee, Mr. Sawicki, and his
   31  wife, Sharon L. Sawicki, have reached a settlement that includes
   32  a lump-sum payment in the amount of $900,000, and
   33         WHEREAS, the City of Tallahassee has already paid $200,000
   34  under the statutory limits of liability set forth in s. 768.28,
   35  Florida Statutes, and
   36         WHEREAS, the City of Tallahassee fully supports the passage
   37  of this claim bill, NOW, THEREFORE,
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. The facts stated in the preamble to this act are
   42  found and declared to be true.
   43         Section 2. The City of Tallahassee is authorized and
   44  directed to appropriate from funds of the city not otherwise
   45  appropriated and to draw a warrant, payable to Mark T. Sawicki
   46  and his wife, Sharon L. Sawicki, for the total amount of
   47  $700,000 as compensation for injuries and damages sustained as a
   48  result of the negligence of an employee of the City of
   49  Tallahassee.
   50         Section 3. The total amount paid for attorney fees,
   51  lobbying fees, costs, and other similar expenses relating to
   52  this claim may not exceed 25 percent of the amount awarded under
   53  this act.
   54         Section 4. This act shall take effect upon becoming a law.