Florida Senate - 2025                              (NP)    SB 24
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00133A-25                                            202524__
    1                        A bill to be entitled                      
    2         An act for the relief of Mande Penney-Lemmon by
    3         Sarasota County; providing for an appropriation to
    4         compensate her for injuries sustained as a result of
    5         the negligence of Sarasota County, through its
    6         employee; providing a limitation on compensation and
    7         the payment of attorney fees; providing an effective
    8         date.
    9  
   10         WHEREAS, on or about October 1, 2018, Mande Penney-Lemmon
   11  was lawfully driving over the Venice Avenue Bridge in Venice and
   12  came to a complete stop when traffic stalled in front of her
   13  vehicle at or near the intersection of East Venice Avenue and
   14  Tamiami Trail North, and
   15         WHEREAS, at the same time, Jill Parnell, an employee of
   16  Sarasota County, who was acting within the course and scope of
   17  her official duties as a supervisor for the county’s Department
   18  of Parks, Recreation, and Natural Resources, was driving over
   19  the same bridge in a motor vehicle owned by Sarasota County, and
   20         WHEREAS, it was a clear and sunny day, and there were no
   21  visual obstructions as Ms. Parnell was driving, and
   22         WHEREAS, Ms. Parnell admitted that she was wearing
   23  headphones at the time and did not notice that traffic had come
   24  to a stop ahead of her, and
   25         WHEREAS, Ms. Parnell’s vehicle collided directly into the
   26  back of Ms. Penney-Lemmon’s vehicle, the impact of which caused
   27  Ms. Penney-Lemmon’s vehicle to hit the vehicle stopped in front
   28  of her, and
   29         WHEREAS, due to the impacts involving both the rear and
   30  front of Ms. Penney-Lemmon’s vehicle which were caused by Ms.
   31  Parnell’s negligent driving, Ms. Penney-Lemmon suffered
   32  significant physical and neurological injuries, including, but
   33  not limited to, discogenic injuries to her neck, disc herniation
   34  in her lower back, a type II SLAP tear in her left shoulder, and
   35  bilateral temporomandibular joint dysfunction, all of which have
   36  required medical intervention and have had a negative impact on
   37  her quality of life, and
   38         WHEREAS, Ms. Penney-Lemmon was subsequently diagnosed with
   39  a traumatic brain injury as a result of the accident which will
   40  limit her ability to function normally for the remainder of her
   41  life, and
   42         WHEREAS, Ms. Penney-Lemmon continues to suffer from chronic
   43  headaches and anxiety and depression related to the accident,
   44  and
   45         WHEREAS, Ms. Penney-Lemmon brought a civil action against
   46  Sarasota County in the Twelfth Judicial Circuit in and for
   47  Sarasota County, case number 2022-CA-2865, for the negligent
   48  acts of its employee Ms. Parnell, which resulted in injuries to
   49  Ms. Penney-Lemmon, and
   50         WHEREAS, the jury found that negligence on the part of
   51  Sarasota County, through the actions of its employee Ms.
   52  Parnell, was the cause of the injuries and damages to Ms.
   53  Penney-Lemmon and issued a verdict in her favor in the amount of
   54  $2,491,364.63, plus interest at the rate of 9.34 percent per
   55  annum, or 0.000255191 percent per day, for past and future
   56  damages, and
   57         WHEREAS, Sarasota County has paid the statutory limit of
   58  $200,000 in damages under s. 768.28, Florida Statutes, and
   59         WHEREAS, this claim bill is for recovery of the excess
   60  judgment in favor of Ms. Penney-Lemmon, in the amount of
   61  $2,291,364.63, NOW, THEREFORE,
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. The facts stated in the preamble to this act are
   66  found and declared to be true.
   67         Section 2. Sarasota County is authorized and directed to
   68  appropriate from funds not otherwise encumbered and to draw a
   69  warrant in the amount of $2,291,364.63, payable to Mande Penney
   70  Lemmon as compensation for injuries and damages sustained.
   71         Section 3. The amount paid by Sarasota County pursuant to
   72  s. 768.28, Florida Statutes, and the amount awarded under this
   73  act are intended to provide the sole compensation for all
   74  present and future claims arising out of the factual situation
   75  described in this act which resulted in injuries and damages to
   76  Mande Penney-Lemmon. The total amount paid for attorney fees
   77  relating to this claim may not exceed 25 percent of the total
   78  amount awarded under this act.
   79         Section 4. This act shall take effect upon becoming a law.