Florida 2023 2023 Regular Session

Florida House Bill H6007 Introduced / Bill

Filed 01/25/2023

                       
 
HB 6007  	2023 
 
 
 
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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 
 
 
 
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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     
 
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 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 
 
 
 
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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     
 
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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