Florida 2022 Regular Session

Florida House Bill H6509 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		
2	2
3		-	~~CS/~~HB 6509 2022
	3	+	HB 6509 2022
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6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
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9	9		Page 1 of 4
10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12		A bill to be entitled 1
13	13		An act for the relief of Donna Catalano by the 2
14	14		Department of Agriculture and Consumer Services; 3
15	15		providing an appropriation to compensate Donna 4
16	16		Catalano for injuries and damages sustained as a 5
17	17		result of the negligence of Donald Gerard Burthe, an 6
18	18		employee of the Department of Agriculture and Consumer 7
19	19		Services; providing a limitation on the payment of 8
20		-	~~certain fees, costs,~~ and ~~other expenses~~; ~~providi ng~~ an 9
21		-	~~effective~~ date. 10
	20	+	compensation and attorney fees; providing an eff ective 9
	21	+	date. 10
22	22		11
23	23		WHEREAS, on June 26, 2019, Donald Gerard Burthe, an 12
24	24		employee of the Department of Agriculture and Consumer Services, 13
25	25		while operating a department vehicle during his employment, was 14
26	26		traveling west on U.S. Highway 90, and 15
27	27		WHEREAS, Donna Catalano, returning home after completing 16
28	28		her nursing shift at Tallahassee Memorial HealthCare, was 17
29	29		traveling east on U.S. Highway 90, and 18
30	30		WHEREAS, Mr. Burthe failed to maintain his lane of travel 19
31	31		and crossed the center line of U.S. Highway 90, resulting i n a 20
32	32		head-on collision with Ms. Catalano's vehicle, and 21
33	33		WHEREAS, officers cited Mr. Burthe with a violation of s. 22
34	34		316.089, Florida Statutes, for failing to use a designated lane 23
35	35		and failing to drive within a single lane, and 24
36	36		WHEREAS, Ms. Catalano was tran sported to the emergency 25 
37	37
38		-	~~CS/~~HB 6509 2022
	38	+	HB 6509 2022
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40	40
41	41
42	42		CODING: Words stricken are deletions; words underlined are additions.
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44	44		Page 2 of 4
45	45		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47		department at Tallahassee Memorial HealthCare, suffering from a 26
48	48		left side rib fracture, left upper arm and forearm open 27
49	49		fracture, a non-displaced fracture of the left leg, an open left 28
50	50		femur distal fracture, distension of the abdom en, tenderness of 29
51	51		the left ribs, and abrasions to the left side of her face, and 30
52		-	WHEREAS, during the next ~~four~~ days, Ms. Catalano underwent 31
	52	+	WHEREAS, during the next three days, Ms. Catalano underwent 31
53	53		six surgeries to repair the various injuries suffered as a 32
54	54		result of the vehicular accident caused by Mr. Burthe, and 33
55	55		WHEREAS, on July 5, 2019, Ms. Catalano was transferred to 34
56	56		the Tallahassee Memorial HealthCare Rehabilitation Center by 35
57	57		ambulance to begin physical therapy for her injuries, staying 36
58	58		there for approximately 3 months until she was discharged in 37
59	59		September 2019 to continue physical therapy at home, and 38
60	60		WHEREAS, Ms. Catalano now suffers from chronic pain; mental 39
61	61		anguish, stress, and anxiety; stiff, aching knees that require 40
62	62		her to walk with a cane; an inability to straighten or lift her 41
63	63		right arm; and incon tinence, and 42
64	64		WHEREAS, Ms. Catalano can no longer perform traditional 43
65	65		nursing duties as a result of these injuries, and 44
66	66		WHEREAS, Mr. Burthe, as an employee of the Department of 45
67	67		Agriculture and Consumer Services, acting within the scope of 46
68	68		his employment, owed a duty to Ms. Catalano to conduct himself 47
69	69		in a reasonable manner and exercise reasonable care, but 48
70	70		breached that duty by driving carelessly, and 49
71	71		WHEREAS, on July 10, 2020, Ms. Catalano filed a lawsuit 50 
72	72
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	73	+	HB 6509 2022
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75	75
76	76
77	77		CODING: Words stricken are deletions; words underlined are additions.
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80	80		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
81	81
82	82		against the Department of Agriculture and Consume r Services to 51
83	83		recover damages as a result of the negligent conduct of the 52
84	84		department's employee, Mr. Burthe, and 53
85	85		WHEREAS, on July 15, 2021, the Department of Agriculture 54
86	86		and Consumer Services and Ms. Catalano reached a settlement 55
87	87		agreement for $3,375,000, of which $200,000 was paid by the 56
88	88		Division of Risk Management, and 57
89	89		WHEREAS, the Department of Agriculture and Consumer 58
90	90		Services supports Ms. Catalano's efforts to seek the remainder 59
91	91		of the agreed-upon compensation, and 60
92	92		WHEREAS, due to the limits of s. 7 68.28, Florida Statutes, 61
93	93		at the time of the incident, Ms. Catalano has collected only 62
94	94		$200,000 of her settlement agreement with the Department of 63
95	95		Agriculture and Consumer Services, and the remainder may be 64
96	96		recovered only through a claim bill approved by th e Legislature, 65
97	97		NOW, THEREFORE, 66
98	98		67
99	99		Be It Enacted by the Legislature of the State of Florida: 68
100	100		69
101	101		Section 1. The facts stated in the preamble to this act 70
102	102		are found and declared to be true. 71
103	103		Section 2. The sum of $3,175,000 is appropriated from the 72
104		-	General ~~Inspection Trust~~ Fund to the Department of Agriculture 73
105		-	~~and~~ Consumer Services for the relief of Donna Catalano for 74
106		-	~~injuries~~ and damages sustained. 75 
	104	+	General Revenue Fund to the Department of Agriculture and 73
	105	+	Consumer Services for the relief of Donna Catalano for injuries 74
	106	+	and damages sustained. 75 
107	107
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	108	+	HB 6509 2022
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110	110
111	111
112	112		CODING: Words stricken are deletions; words underlined are additions.
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115	115		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117	117		Section 3. The Chief Financial Officer is directed to draw 76
118	118		a warrant in favor of Donna Catalano in the sum of $3,175,000 77
119	119		upon funds of the Department of Agriculture and Consumer 78
120	120		Services in the State Treasury and to pay the same out of such 79
121	121		funds in the State Treasury. 80
122	122		Section 4. The amount paid by the Department of 81
123	123		Agriculture and Consumer Services pursuan t to s. 768.28, Florida 82
124	124		Statutes, and the amount awarded under this act are intended to 83
125	125		provide the sole compensation for all present and future claims 84
126	126		arising out of the factual situation described in this act which 85
127	127		resulted in injuries and damages to Don na Catalano. The total 86
128	128		amount paid for attorney fees relating to this claim may not 87
129		-	exceed $635,000, the total amount paid for lobbying fees may not 88
130		-	exceed $158,750, and the total amount paid for cost s or other 89
131		-	similar expenses may not exceed $29,059.94. 90
132		-	Section 5. This act shall take effect upon becoming a law. 91
	129	+	exceed 25 percent of the total amount awarded under this act. 88
	130	+	Section 5. This act shall take effect upon becoming a law. 89