Florida Senate - 2019 (NP) CS for SB 200 By the Committee on Judiciary; and Senator Cruz 590-03700-19 2019200c1 1 A bill to be entitled 2 An act for the relief of the Estate of Herminio 3 Padilla, Jr., by the City of West Palm Beach, Palm 4 Beach County, the City of Lake Worth, the City of 5 Riviera Beach, and the Town of Palm Beach; providing 6 for an appropriation to compensate his estate for 7 injuries and damages sustained by Herminio Padilla, 8 Jr., as a result of the negligence of the City of West 9 Palm Beach, Palm Beach County, the City of Lake Worth, 10 the City of Riviera Beach, and the Town of Palm Beach; 11 providing a limitation on the payment of attorney 12 fees; providing an effective date. 13 14 WHEREAS, on January 17, 2015, Herminio Padilla, Jr., was an 15 employee of the City of West Palm Beach as a wastewater plant 16 operator, and 17 WHEREAS, shortly after midnight on January 17, 2015, while 18 at a water reclamation facility, Mr. Padilla was walking on an 19 elevated catwalk over a sewage basin when suddenly and 20 unexpectedly one of the catwalk grates collapsed, causing him to 21 fall into the basin, and 22 WHEREAS, at the time of this event, no one was present, no 23 lifesaving equipment was nearby, and Mr. Padilla sank in the 24 basin and drowned, and 25 WHEREAS, the Estate of Herminio Padilla, Jr., filed a 26 lawsuit against the City of West Palm Beach, Palm Beach County, 27 the City of Lake Worth, the City of Riviera Beach, and the Town 28 of Palm Beach, all of which owned the water reclamation facility 29 in which the drowning occurred, and 30 WHEREAS, through discovery related to the lawsuit, it was 31 revealed that, before the drowning occurred, the owners of the 32 water reclamation facility hired an engineering firm to inspect 33 the facilities and the firm identified several safety issues 34 that required immediate attention, and 35 WHEREAS, subsequent to the drowning, the owners of the 36 water reclamation facility hired a separate engineering company 37 to perform a causal analysis of the drowning which revealed 38 multiple structural defects relating to the catwalk and grates 39 that collapsed, and 40 WHEREAS, an e-mail written by an employee of the facility 41 at issue, dated January 18, 2015, indicated that a mechanic 42 brought the issue of the grate to the attention of the owners 43 one week before the drowning occurred, and 44 WHEREAS, on October 17, 2018, the parties participated in 45 mediation and a settlement in the amount of $400,000 was 46 reached, of which the City of West Palm Beach, Palm Beach 47 County, the City of Lake Worth, the City of Riviera Beach, and 48 the Town of Palm Beach collectively have paid the statutory 49 limit of $300,000, with approximately $100,000 remaining to be 50 paid, NOW, THEREFORE, 51 52 Be It Enacted by the Legislature of the State of Florida: 53 54 Section 1. The facts stated in the preamble to this act are 55 found and declared to be true. 56 Section 2. The City of West Palm Beach, Palm Beach County, the 57 City of Lake Worth, the City of Riviera Beach, and the Town of 58 Palm Beach are authorized and directed to appropriate from funds 59 not otherwise encumbered and to draw warrants in the sums of 60 $54,091, $22,727, $11,363.50, $7,273, and $4,545.50, 61 respectively, payable to Stephen P. Padilla, as personal 62 representative of the Estate of Herminio Padilla, Jr., as 63 compensation for injuries and damages sustained. 64 Section 3. The amounts paid by the City of West Palm Beach, 65 Palm Beach County, the City of Lake Worth, the City of Riviera 66 Beach, and the Town of Palm Beach pursuant to s. 768.28, Florida 67 Statutes, and the amount awarded under this act are intended to 68 provide the sole compensation for all present and future claims 69 arising out of the factual situation described in this act which 70 resulted in the death of Herminio Padilla, Jr. The total amount 71 paid for attorney fees relating to this claim may not exceed 25 72 percent of the amount awarded under this act. 73 Section 4. This act shall take effect upon becoming a law.