CS/HB 6509 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6509-01-c1
Page 1 of 4
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
A bill to be entitled 1
An act for the relief of Donna Catalano by the 2
Department of Agriculture and Consumer Services; 3
providing an appropriation to compensate Donna 4
Catalano for injuries and damages sustained as a 5
result of the negligence of Donald Gerard Burthe, an 6
employee of the Department of Agriculture and Consumer 7
Services; providing a limitation on the payment of 8
certain fees, costs, and other expenses; providi ng an 9
effective date. 10
11
WHEREAS, on June 26, 2019, Donald Gerard Burthe, an 12
employee of the Department of Agriculture and Consumer Services, 13
while operating a department vehicle during his employment, was 14
traveling west on U.S. Highway 90, and 15
WHEREAS, Donna Catalano, returning home after completing 16
her nursing shift at Tallahassee Memorial HealthCare, was 17
traveling east on U.S. Highway 90, and 18
WHEREAS, Mr. Burthe failed to maintain his lane of travel 19
and crossed the center line of U.S. Highway 90, re sulting in a 20
head-on collision with Ms. Catalano's vehicle, and 21
WHEREAS, officers cited Mr. Burthe with a violation of s. 22
316.089, Florida Statutes, for failing to use a designated lane 23
and failing to drive within a single lane, and 24
WHEREAS, Ms. Catalano was transported to the emergency 25
CS/HB 6509 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6509-01-c1
Page 2 of 4
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
department at Tallahassee Memorial HealthCare, suffering from a 26
left side rib fracture, left upper arm and forearm open 27
fracture, a non-displaced fracture of the left leg, an open left 28
femur distal fracture, distension of the abdomen, tenderness of 29
the left ribs, and abrasions to the left side of her face, and 30
WHEREAS, during the next four days, Ms. Catalano underwent 31
six surgeries to repair the various injuries suffered as a 32
result of the vehicular accident caused by Mr. Burthe, and 33
WHEREAS, on July 5, 2019, Ms. Catalano was transferred to 34
the Tallahassee Memorial HealthCare Rehabilitation Center by 35
ambulance to begin physical therapy for her injuries, staying 36
there for approximately 3 months until she was discharged in 37
September 2019 to continue physical therapy at home, and 38
WHEREAS, Ms. Catalano now suffers from chronic pain; mental 39
anguish, stress, and anxiety; stiff, aching knees that require 40
her to walk with a cane; an inability to straighten or lift her 41
right arm; and incontinence, and 42
WHEREAS, Ms. Catalano can no longer perform traditional 43
nursing duties as a result of these injuries, and 44
WHEREAS, Mr. Burthe, as an employee of the Department of 45
Agriculture and Consumer Services, acting within the scope of 46
his employment, owed a duty to Ms. Catalano to conduct himself 47
in a reasonable manner and exercise reasonable care, but 48
breached that duty by driving carelessly, and 49
WHEREAS, on July 10, 2020, Ms. Catalano filed a lawsuit 50
CS/HB 6509 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6509-01-c1
Page 3 of 4
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
against the Department of Agriculture and Consumer Services to 51
recover damages as a result of the negligent conduct of the 52
department's employee, Mr. Burthe, and 53
WHEREAS, on July 15, 2021, the Department of Agriculture 54
and Consumer Services and Ms. Catalano reached a settlement 55
agreement for $3,375,000, of which $200,000 was paid by the 56
Division of Risk Management, and 57
WHEREAS, the Department of Agriculture and Consumer 58
Services supports Ms. Catalano's efforts to seek the remainder 59
of the agreed-upon compensation, and 60
WHEREAS, due to the limits of s. 768.28, Florida Statutes, 61
at the time of the incident, Ms. Catalano has collected only 62
$200,000 of her settlement agreement with the Department of 63
Agriculture and Consumer Services, and the remainder may be 64
recovered only through a claim bill approv ed by the Legislature, 65
NOW, THEREFORE, 66
67
Be It Enacted by the Legislature of the State of Florida: 68
69
Section 1. The facts stated in the preamble to this act 70
are found and declared to be true. 71
Section 2. The sum of $3,175,000 is appropriated from the 72
General Inspection Trust Fund to the Department of Agriculture 73
and Consumer Services for the relief of Donna Catalano for 74
injuries and damages sustained. 75
CS/HB 6509 2022
CODING: Words stricken are deletions; words underlined are additions.
hb6509-01-c1
Page 4 of 4
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
Section 3. The Chief Financial Officer is directed to draw 76
a warrant in favor of Donna Catalano in the sum of $3,175,000 77
upon funds of the Department of Agriculture and Consumer 78
Services in the State Treasury and to pay the same out of such 79
funds in the State Treasury. 80
Section 4. The amount paid by the Department of 81
Agriculture and Consumer Services pursuant to s. 768.28, Florida 82
Statutes, and the amount awarded under this act are intended to 83
provide the sole compensation for all present and future claims 84
arising out of the factual situation described i n this act which 85
resulted in injuries and damages to Donna Catalano. The total 86
amount paid for attorney fees relating to this claim may not 87
exceed $635,000, the total amount paid for lobbying fees may not 88
exceed $158,750, and the total amount paid for cost s or other 89
similar expenses may not exceed $29,059.94. 90
Section 5. This act shall take effect upon becoming a law. 91