Florida Senate - 2019 CS for SB 24 By the Committee on Judiciary; and Senator Simmons 590-02910-19 201924c1 1 A bill to be entitled 2 An act for the relief of the Estate of Eric Scot 3 Tenner by the Miami-Dade County Board of County 4 Commissioners; providing for an appropriation to 5 compensate his estate for injuries and damages 6 sustained by Eric Scot Tenner and his survivors as a 7 result of the negligence of an employee of the Miami 8 Dade County Board of County Commissioners; providing a 9 limitation on the payment of attorney fees; providing 10 an effective date. 11 12 WHEREAS, on October 8, 2014, 45-year-old Eric Scot Tenner 13 was riding his bicycle along the U.S. 1 Busway in Miami-Dade 14 County, wearing appropriate clothing and safety equipment for 15 cycling, and 16 WHEREAS, Mr. Tenner was struck by a bus owned and operated 17 by the Miami-Dade County Board of County Commissioners at 18 approximately 7 a.m. near the intersection of the U.S. 1 Busway 19 and SW 124th Street, and 20 WHEREAS, the driver of a vehicle has a duty to use 21 reasonable care to prevent injuring persons in the vehicle’s 22 path, and 23 WHEREAS, the bus driver should have seen Mr. Tenner’s 24 bicycle, but the driver breached his duty to use reasonable care 25 when his bus struck Mr. Tenner from behind, and 26 WHEREAS, the bus driver was acting within his scope of 27 employment with the Miami-Dade County Board of County 28 Commissioners at the time of the accident and the board is 29 liable under the doctrine of respondeat superior, and 30 WHEREAS, Mr. Tenner was transported to Kendall Regional 31 Medical Center, where he succumbed to his injuries and died on 32 October 11, 2014, and 33 WHEREAS, Mr. Tenner, through his wife, donated all viable 34 tissues and organs so that others may live, and 35 WHEREAS, Mr. Tenner is survived by his wife and two minor 36 sons, all of whom are being treated by therapists and health 37 professionals to cope with the loss of their husband and father, 38 who provided for and had a demonstrably close relationship with 39 his family, and 40 WHEREAS, Mr. Tenner’s family is suffering significant 41 financial hardship due to the loss of Mr. Tenner’s net 42 accumulations in the past and the future, and extreme mental 43 anguish and suffering resulting from the loss of their husband 44 and father, and 45 WHEREAS, the Estate of Eric Scot Tenner has alleged, 46 through a lawsuit filed May 22, 2015, in Miami-Dade County, that 47 the negligence of the Miami-Dade County Board of County 48 Commissioners, through its bus driver, was the proximate cause 49 of Mr. Tenner’s death, and 50 WHEREAS, the total present value of Mr. Tenner’s economic 51 damages from this incident is calculated to be $3,563,249.93, 52 which consists of his future and past lost earning capacity of 53 $3,531,212 and past medical expenses of $32,037.93, and 54 WHEREAS, the Miami-Dade County Board of County 55 Commissioners and the Estate of Eric Scot Tenner reached a 56 settlement agreement by mediation in the amount of $1.75 57 million, of which $300,000 will be paid to the Estate of Eric 58 Scot Tenner pursuant to the limits of liability set forth in s. 59 768.28, Florida Statutes, and the remainder is conditioned upon 60 the passage of a claim bill, which is agreed to by the Miami 61 Dade County Board of County Commissioners, in the amount of 62 $1.45 million, NOW, THEREFORE, 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1. The facts stated in the preamble to this act are 67 found and declared to be true. 68 Section 2. The Miami-Dade County Board of County 69 Commissioners is authorized and directed to appropriate from 70 funds of the county not otherwise encumbered and to draw a 71 warrant in the sum of $1.45 million, payable to Maria Tenner as 72 personal representative of the Estate of Eric Scot Tenner, as 73 compensation for injuries and damages sustained. 74 Section 3. The amount paid by the Miami-Dade County Board 75 of County Commissioners pursuant to s. 768.28, Florida Statutes, 76 and the amount awarded under this act are intended to provide 77 the sole compensation for all present and future claims arising 78 out of the factual situation described in this act which 79 resulted in the death of Eric Scot Tenner, including injuries 80 and damages to the Estate of Eric Scot Tenner and his survivors. 81 The total amount paid for attorney fees relating to this claim 82 may not exceed 25 percent of the total amount awarded under this 83 act. 84 Section 4. This act shall take effect upon becoming a law.