Florida Senate - 2021 (NP) CS for SB 398 By the Committee on Judiciary; and Senator Rodriguez 590-03197-21 2021398c1 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 Emilio Jesus Vizcaino-Aday 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 Emilio Jesus Vizcaino 40 Aday, 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 Emilio 49 Jesus Vizcaino-Aday 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.