Florida Senate - 2018                              (NP)    SB 26
       By Senator Garcia
       36-00161A-18                                            201826__
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of Eric Scott
    3         Tenner by Miami-Dade County; providing for an
    4         appropriation to compensate his estate for damages
    5         sustained as a result of the negligence of an employee
    6         of the Miami-Dade County Board of Commissioners;
    7         providing a limitation on the payment of attorney
    8         fees; providing an effective date.
   10         WHEREAS, on October 8, 2014, 45-year-old Eric Scott Tenner
   11  was struck by a bus owned and operated by the Miami-Dade County
   12  Board of Commissioners at approximately 7 a.m. near the
   13  intersection of SW 124th Street and the U.S. 1 Busway in Miami
   14  Dade County, and
   15         WHEREAS, the bus driver who struck Mr. Tenner was
   16  subsequently arrested and charged with the criminal offense of
   17  leaving the scene of a crash involving serious bodily injury, a
   18  felony in the second degree under s. 316.027(2)(b), Florida
   19  Statutes, though the charge was later dropped by the Office of
   20  the State Attorney of the 11th Judicial Circuit, and
   21         WHEREAS, Mr. Tenner was transported to Kendall Regional
   22  Medical Center, where he succumbed to his injuries and
   23  ultimately died on October 11, 2014, and
   24         WHEREAS, Mr. Tenner, through his wife, donated all viable
   25  tissues and organs so that others may live, and
   26         WHEREAS, the total present value of Mr. Tenner’s economic
   27  damages from this incident is calculated to be $3,563,249.93,
   28  which consists of his future and past lost earning capacity of
   29  $3,531,212 and past medical expenses of $32,037.93, and
   30         WHEREAS, Mr. Tenner is survived by his wife and two minor
   31  sons, all of whom are being treated by therapists and health
   32  professionals to cope with the loss of their husband and father,
   33  who provided for and had a demonstrably close relationship with
   34  his family, and
   35         WHEREAS, the Miami-Dade County Board of Commissioners and
   36  the Estate of Eric Scott Tenner reached a settlement agreement
   37  by mediation in the amount of $1.75 million, of which $300,000
   38  will be paid to the Estate of Eric Scott Tenner pursuant to the
   39  limits of liability set forth in s. 768.28, Florida Statutes,
   40  and the remainder is conditioned upon the passage of a claim
   41  bill, which is agreed to by the Miami-Dade County Board of
   42  Commissioners, in the amount of $1.45 million, NOW, THEREFORE,
   44  Be It Enacted by the Legislature of the State of Florida:
   46         Section 1. The facts stated in the preamble to this act are
   47  found and declared to be true.
   48         Section 2. The Miami-Dade County Board of Commissioners is
   49  authorized and directed to appropriate from funds of the county
   50  not otherwise appropriated and to draw a warrant in the sum of
   51  $1.45 million, payable to Maria Tenner, as personal
   52  representative of the Estate of Eric Scott Tenner, as
   53  compensation for injuries and damages sustained.
   54         Section 3. The amount paid by the Miami-Dade County Board
   55  of Commissioners pursuant to s. 768.28, Florida Statutes, and
   56  the amount awarded under this act are intended to provide the
   57  sole compensation for all present and future claims arising out
   58  of the factual situation described in this act which resulted in
   59  the death of Eric Scott Tenner. The total amount paid for
   60  attorney fees relating to this claim may not exceed 25 percent
   61  of the amount awarded under this act.
   62         Section 4. This act shall take effect upon becoming a law.