Florida Senate - 2021                             (NP)    SB 398
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00676-21                                            2021398__
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of Emilio Jesus
    3         Vizcaino-Aday by Miami-Dade County; providing for an
    4         appropriation to compensate the Estate of Emilio Jesus
    5         Vizcaino-Aday for injuries and damages sustained by
    6         Emilio Jesus Vizcaino-Aday and his survivors as a
    7         result of the negligence of Miami-Dade County;
    8         providing a limitation on the payment of attorney
    9         fees; providing an effective date.
   10  
   11         WHEREAS, on March 6, 2018, Emilio Jesus Vizcaino-Aday was
   12  lawfully traveling in his vehicle south on SW 147th Avenue
   13  toward the intersection at SW 260th Street in Miami-Dade County,
   14  wearing his seatbelt and traveling at or below the posted speed
   15  limit, and
   16         WHEREAS, Mr. Vizcaino-Aday was struck by a Miami-Dade
   17  Police Department vehicle owned by Miami-Dade County, which was
   18  operated by one of its law enforcement officers, and
   19         WHEREAS, the Estate of Emilio Jesus Vizcaino-Aday has
   20  alleged, through a lawsuit filed on July 18, 2019, that the
   21  negligence of Miami-Dade County, through its law enforcement
   22  officer, was the proximate cause of the death of Mr. Vizcaino
   23  Aday, and
   24         WHEREAS, Ailin Avalos, Mr. Vizcaino-Aday’s widow, and
   25  Neiser Josa Vizcaino Rojas, Mr. Vizcaino-Aday’s son, have
   26  suffered significant financial damages due to the loss of Mr.
   27  Vizcaino-Aday’s net income accumulation in the past and future
   28  and have experienced extreme mental anguish and suffering as a
   29  result of the loss of their husband and father, and
   30         WHEREAS, the Estate of Neiser Josa Vizcaino Rojas and
   31  Miami-Dade County have reached a tentative compromise settlement
   32  pending county approval, the settlement being in the amount of
   33  $650,000, and
   34         WHEREAS, pursuant to the agreement between the parties, the
   35  settlement will be partially satisfied in the amount of
   36  $300,000, and
   37         WHEREAS, pursuant to the settlement, the claim shall be
   38  considered fully satisfied by payment of an additional $350,000
   39  by Miami-Dade County to the Estate of Neiser Josa Vizcaino
   40  Rojas, as authorized by the Florida Legislature, NOW, THEREFORE,
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. The facts stated in the preamble to this act are
   45  found and declared to be true.
   46         Section 2. Miami-Dade County is authorized and directed to
   47  appropriate from funds not otherwise encumbered and to draw a
   48  warrant in the sum of $350,000 payable to the Estate of Neiser
   49  Josa Vizcaino Rojas as compensation for injuries and damages
   50  sustained.
   51         Section 3. The amount paid by Miami-Dade County pursuant to
   52  s. 768.28, Florida Statutes, and the amount awarded under this
   53  act are intended to provide the sole compensation for all
   54  present and future claims arising out of the factual situation
   55  described in this act which resulted in the death of Emilio
   56  Jesus Vizcaino-Aday, including injuries and damages to the
   57  Estate of Emilio Jesus Vizcaino-Aday and his survivors. The
   58  total amount paid for attorney fees, lobbying costs, and similar
   59  expenses relating to this claim may not exceed 25 percent of the
   60  total amount awarded under this act. However, taxable costs that
   61  may not include attorney fees and lobbying fees related to the
   62  underlying civil action may be collected in addition to the
   63  aforementioned attorney fees and lobbying costs.
   64         Section 4. This act shall take effect upon becoming a law.