Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 300
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2017           .                                

       The Committee on Judiciary (Torres) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The facts stated in the preamble to this act are
    6  found and declared to be true.
    7         Section 2. Orange County is authorized and directed to
    8  appropriate from funds not otherwise encumbered and to draw a
    9  warrant in the sum of $2,813,536.09 payable to Robert Allan
   10  Smith as compensation for injuries and damages sustained as a
   11  result of the negligence of an employee of Orange County.
   12         Section 3. The governmental entity responsible for payment
   13  of the warrant shall pay to the Agency for Health Care
   14  Administration the amount due under s. 409.910, Florida
   15  Statutes, before disbursing any funds to the claimant. The
   16  amount due to the agency shall be equal to all unreimbursed
   17  medical payments paid by Medicaid up to the date upon which this
   18  act becomes a law.
   19         Section 4. The amount paid by Orange County pursuant to s.
   20  768.28, Florida Statutes, and the amount awarded under this act
   21  are intended to provide the sole compensation for all present
   22  and future claims arising out of the factual situation described
   23  in this act which resulted in injuries and damages to Robert
   24  Allan Smith. The total amount of attorney fees relating to this
   25  claim may not exceed 25 percent of the amount awarded under this
   26  act.
   27         Section 5. This act shall take effect upon becoming a law.
   29  ================= T I T L E  A M E N D M E N T ================
   30  And the title is amended as follows:
   31         Delete everything before the enacting clause
   32  and insert:
   33                        A bill to be entitled                      
   34         An act for the relief of Robert Allan Smith by Orange
   35         County; providing for an appropriation to compensate
   36         him for injuries sustained as a result of the
   37         negligence of an employee of Orange County; providing
   38         for repayment of Medicaid liens; providing a
   39         limitation on the payment of fees and costs; providing
   40         an effective date.
   42         WHEREAS, at 1:43 p.m. on September 7, 2006, Robert Allan
   43  Smith was driving his motorcycle north on DePauw Avenue in
   44  Orlando, the quiet residential street he lived on, within 300
   45  feet of his home, within the 25 mph posted speed limit, and with
   46  headlights on in clear, dry weather, and
   47         WHEREAS, as Robert Allan Smith approached the intersection
   48  of DePauw Avenue and Orlando Street, at which stop signs are
   49  posted for vehicles traveling on Orlando Street, an Orange
   50  County work van driven by Orange County employee Lynn Lawrence
   51  Godden, which was traveling west on Orlando Street, negligently
   52  pulled away from the stop sign, colliding with Mr. Smith, and
   53         WHEREAS, Robert Allan Smith said that he saw the driver of
   54  the Orange County van visibly slow down as he approached the
   55  stop sign, having observed Mr. Smith approaching on his
   56  motorcycle, but that the driver drove through the stop sign and
   57  into Mr. Smith’s path and Mr. Smith was unable to avoid a
   58  collision, and
   59         WHEREAS, the front of the Orange County van struck Robert
   60  Allan Smith, causing severe and life-threatening injuries and
   61  necessitating surgical procedures, including a traumatic
   62  amputation of his right leg above his knee, and
   63         WHEREAS, Robert Allan Smith also suffered a badly fractured
   64  lower left leg with internal fixation, a broken pelvis and
   65  sacrum with internal fixation, and damage to the rectum and
   66  internal organs, which required a laparotomy, and
   67         WHEREAS, the Orange County employee testified that he
   68  observed Robert Allan Smith’s motorcycle as he approached the
   69  intersection, but he erroneously believed that it was heading
   70  away from him, though there was no evidence to support this
   71  claim, and that he was looking to his right, away from Mr.
   72  Smith, when he entered the intersection, and
   73         WHEREAS, the Orange County employee was issued a citation
   74  by the Orlando Police Department for failure to yield from a
   75  stop sign, and
   76         WHEREAS, after finding for Robert Allan Smith and against
   77  Orange County in a civil jury trial, the jury in the case
   78  determined that Mr. Smith’s future medical expenses totaled
   79  $2.376 million over 40 years and that his past medical expenses
   80  and lost wages totaled $688,807.37, and awarded him $1,749,978
   81  in damages for past and future pain and suffering, for a total
   82  award of $4,814,785.37, and
   83         WHEREAS, after the total award was reduced by amounts for
   84  comparative negligence and Medicaid and Veteran’s Administration
   85  setoffs, a final judgment was entered against Orange County on
   86  November 27, 2012, in the amount of $2,913,536.09, and
   87         WHEREAS, Orange County has paid Robert Allan Smith $100,000
   88  pursuant to the statutory limits of liability set forth in s.
   89  768.28, Florida Statutes, which were in effect at the time that
   90  Mr. Smith’s claim arose, leaving a remaining unpaid balance of
   91  $2,813,536.09, NOW, THEREFORE,