Florida Senate - 2025 (NP) SB 78 By Senator McClain 9-00418-25 202578__ 1 A bill to be entitled 2 An act for the relief of the Estate of Mark LaGatta; 3 providing an appropriation to compensate the estate 4 for injuries and damages sustained by Mark LaGatta as 5 a result of the negligence of the Department of 6 Transportation; providing a limitation on compensation 7 and the payment of attorney fees; providing an 8 effective date. 9 10 WHEREAS, on July 27, 2020, Mark LaGatta and his daughter, 11 Faith LaGatta, were lawfully riding on Mr. LaGatta’s motorcycle 12 and traveling eastbound on State Road 24 near the intersection 13 with SW 95th Avenue in Cedar Key in Levy County, and 14 WHEREAS, Mr. LaGatta, 57 years old at the time, was 15 operating the motorcycle, and Faith LaGatta was a passenger, and 16 WHEREAS, the Department of Transportation was in the 17 process of roadwork on State Road 24 to repair sinkhole damage, 18 and 19 WHEREAS, the department created a work zone, marking the 20 closed westbound lane with cones, leaving only the eastbound 21 lane open for travel, and 22 WHEREAS, the department’s work zone had flaggers present to 23 direct the flow of traffic, and a flagger directed Mr. LaGatta 24 to proceed eastbound through the work zone, and 25 WHEREAS, an employee of the department was operating a 26 tractor with a box blade attachment in the westbound travel 27 lane, and 28 WHEREAS, the employee backed up into the eastbound travel 29 lane, directly in front of Mr. LaGatta, causing a collision 30 between the tractor’s box blade and Mr. LaGatta’s motorcycle, 31 and 32 WHEREAS, as a result of the accident, Mr. LaGatta sustained 33 severe injuries to his legs which resulted in the amputation of 34 his left leg, and 35 WHEREAS, Mr. LaGatta was hospitalized for several weeks as 36 a result of the accident, underwent seven surgeries and a 37 tracheotomy, and was placed in an induced coma, and 38 WHEREAS, Mr. LaGatta was hospitalized when COVID-19 39 protocols were enforced, and none of his five children were 40 allowed to visit him in the hospital, and 41 WHEREAS, Mr. LaGatta was medically unable to return to his 42 career as a maintenance engineer, and 43 WHEREAS, on February 28, 2023, in resolving the civil 44 action brought in the Circuit Court for the Eighth Judicial 45 Circuit, in and for Levy County, Case No. 38-2021-CA-54, a final 46 judgment was entered in favor of Mr. LaGatta against the 47 Department of Transportation, in the amount of $2.32 million, 48 and 49 WHEREAS, in August 2024, Mr. LaGatta passed away after 50 suffering bodily injury resulting in pain and suffering; 51 disability; disfigurement; mental anguish; lost capacity for the 52 enjoyment of life; the expense of hospitalization and medical 53 and nursing care and treatment; lost earnings; and lost earning 54 capacity following his accident, and 55 WHEREAS, the department paid $120,000 to Mr. LaGatta under 56 s. 768.28, Florida Statutes, before his passing, with the 57 remainder of the judgment now payable to his estate, and 58 WHEREAS, the department has agreed to support this claim 59 bill, NOW, THEREFORE, 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. The facts stated in the preamble to this act are 64 found and declared to be true. 65 Section 2. The sum of $2.2 million is appropriated from the 66 General Revenue Fund to the Department of Transportation for the 67 relief of the Estate of Mark LaGatta for injuries and damages 68 sustained to Mr. LaGatta. 69 Section 3. The Chief Financial Officer is directed to draw 70 a warrant in favor of the Estate of Mark LaGatta in the amount 71 of $2.2 million upon funds of the Department of Transportation 72 in the State Treasury and to pay the same out of such funds in 73 the State Treasury. 74 Section 4. The amount paid by the Department of 75 Transportation pursuant to s. 768.28, Florida Statutes, and the 76 amount awarded under this act are intended to provide the sole 77 compensation for all present and future claims arising out of 78 the factual situation described in this act which resulted in 79 injuries and damages to Mark LaGatta. The total amount paid for 80 attorney fees relating to this claim may not exceed 25 percent 81 of the total amount awarded under this act. 82 Section 5. This act shall take effect upon becoming a law.