Florida Senate - 2015 (NP) SB 84 By Senator Soto 14-00037-15 201584__ 1 A bill to be entitled 2 An act for the relief of Sharon Robinson, 3 individually, as guardian of Mark Robinson, and as 4 personal representative of the Estate of Matthew 5 Robinson; providing an appropriation to compensate her 6 and her son for the death of Matthew Robinson and for 7 injuries and damages they sustained as a result of the 8 negligence of the Central Florida Regional 9 Transportation Authority as operator of Lynx buses; 10 providing that the amount already paid by the 11 authority and the appropriation satisfy all present 12 and future claims related to the negligent act; 13 providing a limitation on the payment of fees and 14 costs; providing an effective date. 15 16 WHEREAS, on November 4, 2010, Matthew Robinson, 10, and 17 Mark Robinson, 12, both children of Sharon Robinson, were 18 crossing the street at the intersection of Columbia Avenue and 19 Dyer Street in Kissimmee, and 20 WHEREAS, Matthew Robinson and Mark Robinson were struck by 21 the front bike rack of a Lynx bus while in the crosswalk and 22 dragged underneath the bus when the driver of the bus failed to 23 yield to pedestrians in the crosswalk, and 24 WHEREAS, while the bus was still moving, Mark Robinson was 25 able to crawl out to safety, but Matthew Robinson’s belt loop 26 was caught in the undercarriage of the bus, and 27 WHEREAS, Matthew Robinson was dragged underneath the bus 28 until the rear tire crushed his head, and 29 WHEREAS, Matthew Robinson was pronounced dead at the scene, 30 and 31 WHEREAS, Mark Robinson was transported to the hospital via 32 ambulance and diagnosed with a stress fracture of the vertebrae 33 with spondolysthesis, and 34 WHEREAS, Mark Robinson wore a brace until he recovered from 35 his physical injuries, but has permanent injury due to the 36 spondolysthesis, and 37 WHEREAS, Mark Robinson’s medical bills total $27,137.90, 38 and 39 WHEREAS, Sharon Robinson and Mark Robinson both suffer from 40 posttraumatic stress disorder, and Ms. Robinson suffers from 41 symptoms placing her in the range of severe depression, and 42 WHEREAS, the driver of the bus that struck Matthew Robinson 43 and Mark Robinson had been previously involved in six 44 preventable accidents, and 45 WHEREAS, the driver was found guilty of violating s. 46 316.075, Florida Statutes, and was terminated by Lynx for 47 violation of safety policies and procedures after a finding that 48 the accident was preventable, and 49 WHEREAS, Sharon Robinson, individually, as guardian of Mark 50 Robinson, and as personal representative of the Estate of 51 Matthew Robinson, filed a lawsuit against Central Florida 52 Regional Transportation Authority, which operates Lynx, in the 53 Ninth Judicial Circuit in Osceola County, and 54 WHEREAS, before trial, the respondent admitted liability, 55 and the parties reached a settlement agreement totaling $3.2 56 million, of which the Central Florida Regional Transportation 57 Authority has paid $200,000 under the statutory limits of 58 liability set forth in s. 768.28, Florida Statutes, and 59 WHEREAS, the Central Florida Regional Transportation 60 Authority fully supports the passage of this claim bill for the 61 unpaid portion of the settlement amount, NOW, THEREFORE, 62 63 Be It Enacted by the Legislature of the State of Florida: 64 65 Section 1. The facts stated in the preamble to this act are 66 found and declared to be true. 67 Section 2. There is appropriated from the General Revenue 68 Fund to the Central Florida Regional Transportation Authority 69 the sum of $3 million for the relief of Sharon Robinson, 70 individually, as guardian of Mark Robinson, and as personal 71 representative of the Estate of Matthew Robinson for injuries 72 and damages sustained by Mark Robinson and Sharon Robinson and 73 the death of Matthew Robinson. 74 Section 3. The Chief Financial Officer is directed to draw 75 a warrant in favor of Sharon Robinson, individually, as guardian 76 of Mark Robinson, and as personal representative of the Estate 77 of Matthew Robinson in the sum of $3 million upon funds of the 78 Central Florida Regional Transportation Authority in the State 79 Treasury, and the Chief Financial Officer is directed to pay the 80 same out of such funds in the State Treasury. 81 Section 4. The amount paid by the Central Florida Regional 82 Transportation Authority pursuant to s. 768.28, Florida 83 Statutes, and the amount awarded under this act are intended to 84 provide the sole compensation for all present and future claims 85 arising out of the factual situation described in the preamble 86 to this act which resulted in the death of Matthew Robinson and 87 the injuries and damages sustained by Mark and Sharon Robinson. 88 The total amount paid for attorney fees, lobbying fees, costs, 89 and other similar expenses relating to this claim may not exceed 90 25 percent of the amount awarded under this act. 91 Section 5. This act shall take effect upon becoming a law.