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.