Florida 2023 Regular Session

Florida House Bill H6007 Compare Versions

Version 1 (Old)

Version 2 (New)

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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
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14	14		A bill to be entitled 1
15	15		An act for the relief of the Estate of Molly Parker; 2
16	16		providing an appropriation to compensate the estate 3
17	17		for Ms. Parker's death as a result of the negligence 4
18	18		of the Department of Transportation; providing a 5
19	19		limitation on compensation and the payment of attorney 6
20	20		fees; providing legislative intent regarding the 7
21	21		waiver of certain liens; providing an effective date. 8
22	22		9
23	23		WHEREAS, on December 12, 2019, 39 -year-old Molly Parker was 10
24	24		driving her vehicle eastbound on State Road 2 in Jackson County, 11
25	25		Florida, approaching the intersection with Old U.S. Road, and 12
26	26		WHEREAS, at the same time, a dump truck loaded with fill 13
27	27		dirt and weighing over 40,000 pounds, and owned by the 14
28	28		Department of Transportation and driven by an employee of the 15
29	29		department, was traveling southbound on Old U.S. Road and 16
30	30		arrived at a stop sign at the intersection of Old U.S. Road and 17
31	31		State Road 2, and 18
32	32		WHEREAS, the department's employee, failing to yield the 19
33	33		right-of-way to Ms. Parker as she entered the intersection, 20
34	34		drove the dump truck into the intersection, causing a violent 21
35	35		and severe crash in which Ms. Parker's vehicle struck the side 22
36	36		of the dump truck, and 23
37	37		WHEREAS, the department's employee was lat er cited for a 24
38	38		violation of s. 316.123(2)(a), Florida Statutes, in connection 25
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47	47		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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51	51		with the crash, and 26
52	52		WHEREAS, as a result of the impact, Ms. Parker suffered 27
53	53		complex comminuted depressed left cranium skull fractures; 28
54	54		severe traumatic brain injury; extensive m id-face fractures of 29
55	55		her facial bones; a comminuted calcaneal fracture; fractures of 30
56	56		her spinal transverse processes at L1, L2, L3, and L4; a 31
57	57		fracture of her sternum; pulmonary contusions; and kidney 32
58	58		injury, and 33
59	59		WHEREAS, Ms. Parker was designated as being in need of 34
60	60		Level 1 trauma care and transported emergently by helicopter to 35
61	61		Southeast Alabama Medical Center in Dothan, Alabama, where she 36
62	62		underwent emergency brain surgery followed by intensive care, 37
63	63		where she died from her injuries on December 22, 2019, and 38
64	64		WHEREAS, Ms. Parker, through no fault of her own, suffered 39
65	65		and was treated for multiple traumatic injuries until she died 40
66	66		from those injuries, and 41
67	67		WHEREAS, the Estate of Molly Parker incurred costs totaling 42
68	68		$255,347.49 for medical and surgical care a nd treatment related 43
69	69		to the injuries Ms. Parker suffered in the crash, and 44
70	70		WHEREAS, prior to her death, Ms. Parker was educated and 45
71	71		gainfully employed as a professional photographer; and with a 46
72	72		work life expectancy of another 27.61 years, the amount of he r 47
73	73		lost earnings, lost support, lost services, and net 48
74	74		accumulations after reduction to present value is $3,040,393, 49
75	75		and 50
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84	84		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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88	88		WHEREAS, Ms. Parker's survivors, her husband and her 4 -51
89	89		year-old son, have experienced mental pain and suffering in 52
90	90		connection with her tragic and traumatic injury and death and, 53
91	91		as a result of her death, must endure the loss of her 54
92	92		companionship, guidance, and protection, and 55
93	93		WHEREAS, the department completed an internal investigation 56
94	94		into the cause of the collision, which included inves tigations 57
95	95		by a department safety specialist, unit manager, and the 58
96	96		District 3 safety manager, each of whom testified under oath 59
97	97		that the collision was caused solely by the negligence of the 60
98	98		department's employee and that their investigations revealed 61
99	99		that Ms. Parker did nothing wrong to cause or contribute to 62
100	100		causing the motor vehicle crash that killed her, and 63
101	101		WHEREAS, in resolving the civil action brought by the 64
102	102		personal representative of the Estate of Molly Parker against 65
103	103		the department in the Circuit C ourt for the Second Judicial 66
104	104		Circuit, in and for Leon County, Case No. 2020 -CA-002294, a 67
105	105		final judgment was entered on June 23, 2022, pursuant to the 68
106	106		parties' settlement agreement, in favor of the estate in the 69
107	107		amount of $6.25 million, and 70
108	108		WHEREAS, under the terms of the settlement agreement, a 71
109	109		total amount of $6.25 million is to be paid to the Estate of 72
110	110		Molly Parker, of which the department has paid $300,000 pursuant 73
111	111		to s. 768.28, Florida Statutes, and 74
112	112		WHEREAS, the unpaid settlement amount in excess of t he 75
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121	121		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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125	125		limitations on liability set forth in s. 768.28, Florida 76
126	126		Statutes, is $5.95 million, and 77
127	127		WHEREAS, the department has agreed to this claim bill being 78
128	128		rendered against the department in this matter and supports 79
129	129		passage of this claim bill in the amount ag reed upon in the 80
130	130		settlement agreement, NOW, THEREFORE, 81
131	131		82
132	132		Be It Enacted by the Legislature of the State of Florida: 83
133	133		84
134	134		Section 1. The facts stated in the preamble to this act 85
135	135		are found and declared to be true. 86
136	136		Section 2. The sum of $5.95 million is appropriated from 87
137		-	the ~~State Transportation Trust~~ Fund to the Department of 88
138		-	~~Transportation for~~ the relief of the Estate of Molly Parker for 89
139		-	~~injuries and~~ damages sustained as a result of Ms. Parker's 90
140		-	~~death~~. 91
141		-	~~Section 3.~~ The ~~Chief Financial Officer is dire cted to draw~~ 92
142		-	~~a warrant in favor~~ of the ~~Estate~~ of ~~Molly Parker~~ in ~~the sum of~~ 93
143		-	~~$5.95 million upon~~ funds of the ~~Department of Transportation in~~ 94
144		-	~~the~~ State Treasury ~~and to pay the same out of such funds in the~~ 95
145		-	~~State Treasury~~. 96
146		-	~~Section 4.~~ The ~~amount paid by th e Division~~ of ~~Risk~~ 97
147		-	~~Management of~~ the ~~Department of Financial Services pursuant to~~ 98
148		-	~~s. 768.28, Florida Statutes,~~ ~~and~~ the ~~amount awarded under this~~ 99
149		-	~~act are intended to provide~~ the ~~sole compensation for all~~ 100
	137	+	the General Revenue Fund to the Department of Transportation for 88
	138	+	the relief of the Estate of Molly Parker for injuries and 89
	139	+	damages sustained as a result of Ms. Parker's death. 90
	140	+	Section 3. The Chief Financial Officer is directed to draw 91
	141	+	a warrant in favor of the Estate of Molly Parker in the sum of 92
	142	+	$5.95 million upon funds of the Department of Transportation in 93
	143	+	the State Treasury and to pay the same out of such funds in the 94
	144	+	State Treasury. 95
	145	+	Section 4. The amount paid by the Division of Risk 96
	146	+	Management of the Department of Financial Services pursuant to 97
	147	+	s. 768.28, Florida Statutes, and the amount awarded under this 98
	148	+	act are intended to provide the sole compensation for all 99
	149	+	present and future claims arising out of the factual situation 100
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155	155		CODING: Words stricken are deletions; words underlined are additions.
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162		-	present and future claims arising out of the factual situation 101
163		-	described in this act which resulted in the death of Molly 102
164		-	Parker. The total amount paid for attorney fees relating to this 103
165		-	claim may not exceed 25 percent of the sum of the total amount 104
166		-	previously paid by the Department of Transportation and the 105
167		-	amount awarded under this act. 106
168		-	Section 5. Excluding the federal portions of any liens, 107
169		-	Medicaid or otherwise, which the claimant must satisfy pursuant 108
170		-	to s. 409.910, Florida Statutes, it is the intent of the 109
171		-	Legislature that the lien interests relatin g to the care and 110
172		-	treatment of Molly Parker are hereby waived and extinguished. 111
173		-	Section 6. This act shall take effect upon becoming a law. 112
	162	+	described in this act which resulted in the death of Molly 101
	163	+	Parker. The total amount paid for attorney fees relating to this 102
	164	+	claim may not exceed 25 percent of the sum of the total amount 103
	165	+	previously paid by the Department of Transp ortation and the 104
	166	+	amount awarded under this act. 105
	167	+	Section 5. Excluding the federal portions of any liens, 106
	168	+	Medicaid or otherwise, which the claimant must satisfy pursuant 107
	169	+	to s. 409.910, Florida Statutes, it is the intent of the 108
	170	+	Legislature that the lien i nterests relating to the care and 109
	171	+	treatment of Molly Parker are hereby waived and extinguished. 110
	172	+	Section 6. This act shall take effect upon becoming a law. 111