Florida Senate - 2015 (NP) CS for SB 84 By the Committee on Judiciary; and Senator Soto 590-02839-15 201584c1 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; authorizing the Central Florida Regional 6 Transportation Authority to make an appropriation from 7 funds of the authority not otherwise appropriated to 8 compensate her and her son for the death of Matthew 9 Robinson and for injuries and damages they sustained 10 as a result of the negligence of the Central Florida 11 Regional Transportation Authority as operator of Lynx 12 buses; providing that the amount already paid by the 13 authority and the appropriation satisfy all present 14 and future claims related to the negligent act; 15 providing a limitation on the payment of fees and 16 costs; providing an effective date. 17 18 WHEREAS, on November 4, 2010, Matthew Robinson, 10, and 19 Mark Robinson, 12, both children of Sharon Robinson, were 20 crossing the street at the intersection of Columbia Avenue and 21 Dyer Street in Kissimmee, and 22 WHEREAS, Matthew Robinson and Mark Robinson were struck by 23 the front bike rack of a Lynx bus while in the crosswalk and 24 dragged underneath the bus when the driver of the bus failed to 25 yield to pedestrians in the crosswalk, and 26 WHEREAS, while the bus was still moving, Mark Robinson was 27 able to crawl out to safety, but Matthew Robinson’s belt loop 28 was caught in the undercarriage of the bus, and 29 WHEREAS, Matthew Robinson was dragged underneath the bus 30 until the rear tire crushed his head, and 31 WHEREAS, Matthew Robinson was pronounced dead at the scene, 32 and 33 WHEREAS, Mark Robinson was transported to the hospital via 34 ambulance and diagnosed with a stress fracture of the vertebrae 35 with spondolysthesis, and 36 WHEREAS, Mark Robinson wore a brace until he recovered from 37 his physical injuries, but has permanent injury due to the 38 spondolysthesis, and 39 WHEREAS, Mark Robinson’s medical bills total $27,137.90, 40 and 41 WHEREAS, Sharon Robinson and Mark Robinson both suffer from 42 posttraumatic stress disorder, and Ms. Robinson suffers from 43 symptoms placing her in the range of severe depression, and 44 WHEREAS, the driver of the bus that struck Matthew Robinson 45 and Mark Robinson had been previously involved in six 46 preventable accidents, and 47 WHEREAS, the driver was found guilty of violating s. 48 316.075, Florida Statutes, and was terminated by Lynx for 49 violation of safety policies and procedures after a finding that 50 the accident was preventable, and 51 WHEREAS, Sharon Robinson, individually, as guardian of Mark 52 Robinson, and as personal representative of the Estate of 53 Matthew Robinson, filed a lawsuit against Central Florida 54 Regional Transportation Authority, which operates Lynx, in the 55 Ninth Judicial Circuit in Osceola County, and 56 WHEREAS, before trial, the respondent admitted liability, 57 and the parties reached a settlement agreement totaling $3.2 58 million, of which the Central Florida Regional Transportation 59 Authority has paid $200,000 under the statutory limits of 60 liability set forth in s. 768.28, Florida Statutes, and 61 WHEREAS, the Central Florida Regional Transportation 62 Authority fully supports the passage of this claim bill for the 63 unpaid portion of the settlement amount, NOW, THEREFORE, 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. The facts stated in the preamble to this act are 68 found and declared to be true. 69 Section 2. The Central Florida Regional Transportation 70 Authority is authorized and directed to appropriate from funds 71 of the authority not otherwise appropriated and to draw a 72 warrant, payable to Sharon Robinson, individually, as guardian 73 of Mark Robinson and as personal representative for the Estate 74 of Matthew Robinson, for the total amount of $3 million as 75 compensation for injuries and damages sustained as a result of 76 the negligence of an employee of the Central Florida Regional 77 Transportation Authority. 78 Section 3. The warrant shall be drawn to Sharon and Mark 79 Robinson’s attorneys to be placed in the Florida Bar Interest on 80 Trust Accounts (IOTA) program for the benefit of Sharon 81 Robinson, as the personal representative of the Estate of 82 Matthew Robinson, for a reduced statutory fee after attorney 83 fees and costs pursuant to s. 733.617(2), Florida Statutes, in 84 the amount of 3 percent of the first $1 million and 2.5 percent 85 of the remainder, reducing the fee to $58,529.34. The payment to 86 Sharon Robinson, as mother individually, will be 37.5 percent of 87 the remainder or $821,838.99; to Warren Robinson, as father 88 individually, 2.8 percent of the remainder or $61,250.00; and 89 for Mark Robinson in the amount of 59.7 percent of the remainder 90 or $1,308,481.67, to be placed in a trust account, guardianship, 91 or structure to provide income, protect from wasteful 92 dissipation, and provide protection of the assets for the 93 benefit of Mark Robinson; for a total in the sum of $3 million. 94 The Central Florida Regional Transportation Authority is 95 directed to pay the same out of funds not otherwise 96 appropriated. The remainder of the total shall be paid to 97 reimburse for taxable costs and fees. Lobbying and attorney fees 98 shall be prorated and may not exceed 25 percent. 99 Section 4. The amount paid by the Central Florida Regional 100 Transportation Authority pursuant to s. 768.28, Florida 101 Statutes, and the amount awarded under this act are intended to 102 provide the sole compensation for all present and future claims 103 arising out of the factual situation described in the preamble 104 to this act which resulted in the death of Matthew Robinson and 105 the injuries and damages sustained by Mark and Sharon Robinson. 106 The total amount paid for attorney fees, lobbying fees, costs, 107 and other similar expenses relating to this claim may not exceed 108 25 percent of the amount awarded under this act. 109 Section 5. This act shall take effect upon becoming a law.