HB 6007 2023 CODING: Words stricken are deletions; words underlined are additions. hb6007-00 Page 1 of 5 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 the Estate of Molly Parker; 2 providing an appropriation to compensate the estate 3 for Ms. Parker's death as a result of the negligence 4 of the Department of Transportation; providing a 5 limitation on compensation and the payment of attorney 6 fees; providing legislative intent regarding the 7 waiver of certain liens; providing an effective date. 8 9 WHEREAS, on December 12, 2019, 39 -year-old Molly Parker was 10 driving her vehicle eastbound on State Road 2 in Jackson County, 11 Florida, approaching the intersection with Old U.S. Road, and 12 WHEREAS, at the same time, a dump truck loaded with fill 13 dirt and weighing over 40,000 pounds, and owned by the 14 Department of Transportation and driven by an employee of the 15 department, was traveling southbound on Old U.S. Road and 16 arrived at a stop sign at the intersection of Old U.S. Road and 17 State Road 2, and 18 WHEREAS, the department's employee, failing to yield the 19 right-of-way to Ms. Parker as she entered the intersection, 20 drove the dump truck into the intersection, causing a violent 21 and severe crash in which Ms. Parker's vehicle struck the side 22 of the dump truck, and 23 WHEREAS, the department's employee was lat er cited for a 24 violation of s. 316.123(2)(a), Florida Statutes, in connection 25 HB 6007 2023 CODING: Words stricken are deletions; words underlined are additions. hb6007-00 Page 2 of 5 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 with the crash, and 26 WHEREAS, as a result of the impact, Ms. Parker suffered 27 complex comminuted depressed left cranium skull fractures; 28 severe traumatic brain injury; extensive m id-face fractures of 29 her facial bones; a comminuted calcaneal fracture; fractures of 30 her spinal transverse processes at L1, L2, L3, and L4; a 31 fracture of her sternum; pulmonary contusions; and kidney 32 injury, and 33 WHEREAS, Ms. Parker was designated as being in need of 34 Level 1 trauma care and transported emergently by helicopter to 35 Southeast Alabama Medical Center in Dothan, Alabama, where she 36 underwent emergency brain surgery followed by intensive care, 37 where she died from her injuries on December 22, 2019, and 38 WHEREAS, Ms. Parker, through no fault of her own, suffered 39 and was treated for multiple traumatic injuries until she died 40 from those injuries, and 41 WHEREAS, the Estate of Molly Parker incurred costs totaling 42 $255,347.49 for medical and surgical care a nd treatment related 43 to the injuries Ms. Parker suffered in the crash, and 44 WHEREAS, prior to her death, Ms. Parker was educated and 45 gainfully employed as a professional photographer; and with a 46 work life expectancy of another 27.61 years, the amount of he r 47 lost earnings, lost support, lost services, and net 48 accumulations after reduction to present value is $3,040,393, 49 and 50 HB 6007 2023 CODING: Words stricken are deletions; words underlined are additions. hb6007-00 Page 3 of 5 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 WHEREAS, Ms. Parker's survivors, her husband and her 4 -51 year-old son, have experienced mental pain and suffering in 52 connection with her tragic and traumatic injury and death and, 53 as a result of her death, must endure the loss of her 54 companionship, guidance, and protection, and 55 WHEREAS, the department completed an internal investigation 56 into the cause of the collision, which included inves tigations 57 by a department safety specialist, unit manager, and the 58 District 3 safety manager, each of whom testified under oath 59 that the collision was caused solely by the negligence of the 60 department's employee and that their investigations revealed 61 that Ms. Parker did nothing wrong to cause or contribute to 62 causing the motor vehicle crash that killed her, and 63 WHEREAS, in resolving the civil action brought by the 64 personal representative of the Estate of Molly Parker against 65 the department in the Circuit C ourt for the Second Judicial 66 Circuit, in and for Leon County, Case No. 2020 -CA-002294, a 67 final judgment was entered on June 23, 2022, pursuant to the 68 parties' settlement agreement, in favor of the estate in the 69 amount of $6.25 million, and 70 WHEREAS, under the terms of the settlement agreement, a 71 total amount of $6.25 million is to be paid to the Estate of 72 Molly Parker, of which the department has paid $300,000 pursuant 73 to s. 768.28, Florida Statutes, and 74 WHEREAS, the unpaid settlement amount in excess of t he 75 HB 6007 2023 CODING: Words stricken are deletions; words underlined are additions. hb6007-00 Page 4 of 5 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 limitations on liability set forth in s. 768.28, Florida 76 Statutes, is $5.95 million, and 77 WHEREAS, the department has agreed to this claim bill being 78 rendered against the department in this matter and supports 79 passage of this claim bill in the amount ag reed upon in the 80 settlement agreement, NOW, THEREFORE, 81 82 Be It Enacted by the Legislature of the State of Florida: 83 84 Section 1. The facts stated in the preamble to this act 85 are found and declared to be true. 86 Section 2. The sum of $5.95 million is appropriated from 87 the General Revenue Fund to the Department of Transportation for 88 the relief of the Estate of Molly Parker for injuries and 89 damages sustained as a result of Ms. Parker's death. 90 Section 3. The Chief Financial Officer is directed to draw 91 a warrant in favor of the Estate of Molly Parker in the sum of 92 $5.95 million upon funds of the Department of Transportation in 93 the State Treasury and to pay the same out of such funds in the 94 State Treasury. 95 Section 4. The amount paid by the Division of Risk 96 Management of the Department of Financial Services pursuant to 97 s. 768.28, Florida Statutes, and the amount awarded under this 98 act are intended to provide the sole compensation for all 99 present and future claims arising out of the factual situation 100 HB 6007 2023 CODING: Words stricken are deletions; words underlined are additions. hb6007-00 Page 5 of 5 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 described in this act which resulted in the death of Molly 101 Parker. The total amount paid for attorney fees relating to this 102 claim may not exceed 25 percent of the sum of the total amount 103 previously paid by the Department of Transp ortation and the 104 amount awarded under this act. 105 Section 5. Excluding the federal portions of any liens, 106 Medicaid or otherwise, which the claimant must satisfy pursuant 107 to s. 409.910, Florida Statutes, it is the intent of the 108 Legislature that the lien i nterests relating to the care and 109 treatment of Molly Parker are hereby waived and extinguished. 110 Section 6. This act shall take effect upon becoming a law. 111