CS/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 th e 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 later cited for a 24
violation of s. 316.123(2)(a), Florida Statutes, in connection 25
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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 mid -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 and 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 her 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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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 tra gic 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 investig ations 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 Cour t 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 the 75
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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
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 agreed upon in the 80
settlement agreement, NOW, THEREFORE, 81
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Be It Enacted by the Legislature of the State of Florida: 83
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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 State Transportation Trust Fund to the Department of 88
Transportation for the relief of the Estate of Molly Parker for 89
injuries and damages sustained as a result of Ms. Parker's 90
death. 91
Section 3. The Chief Financial Officer is dire cted to draw 92
a warrant in favor of the Estate of Molly Parker in the sum of 93
$5.95 million upon funds of the Department of Transportation in 94
the State Treasury and to pay the same out of such funds in the 95
State Treasury. 96
Section 4. The amount paid by th e Division of Risk 97
Management of the Department of Financial Services pursuant to 98
s. 768.28, Florida Statutes, and the amount awarded under this 99
act are intended to provide the sole compensation for all 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
present and future claims arising out of the factual situation 101
described in this act which resulted in the death of Molly 102
Parker. The total amount paid for attorney fees relating to this 103
claim may not exceed 25 percent of the sum of the total amount 104
previously paid by the Department of Transportation and the 105
amount awarded under this act. 106
Section 5. Excluding the federal portions of any liens, 107
Medicaid or otherwise, which the claimant must satisfy pursuant 108
to s. 409.910, Florida Statutes, it is the intent of the 109
Legislature that the lien interests relatin g to the care and 110
treatment of Molly Parker are hereby waived and extinguished. 111
Section 6. This act shall take effect upon becoming a law. 112