Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 24
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/11/2019           .                                

       The Committee on Judiciary (Simmons) 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. The Miami-Dade County Board of County
    8  Commissioners is authorized and directed to appropriate from
    9  funds of the county not otherwise encumbered and to draw a
   10  warrant in the sum of $1.45 million, payable to Maria Tenner as
   11  personal representative of the Estate of Eric Scot Tenner, as
   12  compensation for injuries and damages sustained.
   13         Section 3. The amount paid by the Miami-Dade County Board
   14  of County Commissioners pursuant to s. 768.28, Florida Statutes,
   15  and the amount awarded under this act are intended to provide
   16  the sole compensation for all present and future claims arising
   17  out of the factual situation described in this act which
   18  resulted in the death of Eric Scot Tenner, including injuries
   19  and damages to the Estate of Eric Scot Tenner and his survivors.
   20  The total amount paid for attorney fees relating to this claim
   21  may not exceed 25 percent of the total amount awarded under this
   22  act.
   23         Section 4. This act shall take effect upon becoming a law.
   25  ================= T I T L E  A M E N D M E N T ================
   26  And the title is amended as follows:
   27         Delete everything before the enacting clause
   28  and insert:
   29                        A bill to be entitled                      
   30         An act for the relief of the Estate of Eric Scot
   31         Tenner by the Miami-Dade County Board of County
   32         Commissioners; providing for an appropriation to
   33         compensate his estate for injuries and damages
   34         sustained by Eric Scot Tenner and his survivors as a
   35         result of the negligence of an employee of the Miami
   36         Dade County Board of County Commissioners; providing a
   37         limitation on the payment of attorney fees; providing
   38         an effective date.
   40         WHEREAS, on October 8, 2014, 45-year-old Eric Scot Tenner
   41  was riding his bicycle along the U.S. 1 Busway in Miami-Dade
   42  County, wearing appropriate clothing and safety equipment for
   43  cycling, and
   44         WHEREAS, Mr. Tenner was struck by a bus owned and operated
   45  by the Miami-Dade County Board of County Commissioners at
   46  approximately 7 a.m. near the intersection of the U.S. 1 Busway
   47  and SW 124th Street, and
   48         WHEREAS, the driver of a vehicle has a duty to use
   49  reasonable care to prevent injuring persons in the vehicle’s
   50  path, and
   51         WHEREAS, the bus driver should have seen Mr. Tenner’s
   52  bicycle, but the driver breached his duty to use reasonable care
   53  when his bus struck Mr. Tenner from behind, and
   54         WHEREAS, the bus driver was acting within his scope of
   55  employment with the Miami-Dade County Board of County
   56  Commissioners at the time of the accident and the board is
   57  liable under the doctrine of respondeat superior, and
   58         WHEREAS, Mr. Tenner was transported to Kendall Regional
   59  Medical Center, where he succumbed to his injuries and died on
   60  October 11, 2014, and
   61         WHEREAS, Mr. Tenner, through his wife, donated all viable
   62  tissues and organs so that others may live, and
   63         WHEREAS, Mr. Tenner is survived by his wife and two minor
   64  sons, all of whom are being treated by therapists and health
   65  professionals to cope with the loss of their husband and father,
   66  who provided for and had a demonstrably close relationship with
   67  his family, and
   68         WHEREAS, Mr. Tenner’s family is suffering significant
   69  financial hardship due to the loss of Mr. Tenner’s net
   70  accumulations in the past and the future, and extreme mental
   71  anguish and suffering resulting from the loss of their husband
   72  and father, and
   73         WHEREAS, the Estate of Eric Scot Tenner has alleged,
   74  through a lawsuit filed May 22, 2015, in Miami-Dade County, that
   75  the negligence of the Miami-Dade County Board of County
   76  Commissioners, through its bus driver, was the proximate cause
   77  of Mr. Tenner’s death, and
   78         WHEREAS, the total present value of Mr. Tenner’s economic
   79  damages from this incident is calculated to be $3,563,249.93,
   80  which consists of his future and past lost earning capacity of
   81  $3,531,212 and past medical expenses of $32,037.93, and
   82         WHEREAS, the Miami-Dade County Board of County
   83  Commissioners and the Estate of Eric Scot Tenner reached a
   84  settlement agreement by mediation in the amount of $1.75
   85  million, of which $300,000 will be paid to the Estate of Eric
   86  Scot Tenner pursuant to the limits of liability set forth in s.
   87  768.28, Florida Statutes, and the remainder is conditioned upon
   88  the passage of a claim bill, which is agreed to by the Miami
   89  Dade County Board of County Commissioners, in the amount of
   90  $1.45 million, NOW, THEREFORE,