Florida 2023 Regular Session

Florida House Bill H6019 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 6019 2023
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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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12	12	A bill to be entitled 1
13	13	An act for the relief of Kristin A. Stewart by 2
14	14	Sarasota County; providing an appropriation to 3
15	15	compensate her for injuries sustained as a result of 4
16	16	the negligence of an employee of Sarasota County; 5
17	17	providing legislative intent regarding the waiver of 6
18	18	certain liens; providing limitations on compensation 7
19	19	and the payment of attorney fees, lobbying fees, and 8
20	20	costs or other similar expenses; providing an 9
21	21	effective date. 10
22	22	11
23	23	WHEREAS, on May 13, 2020, Kristin A. Stewart, then 35 years 12
24	24	of age, was jogging westbound on a pedestrian crosswalk next to 13
25	25	Bahia Vista Street at the intersection with Witmarsum Boulevard, 14
26	26	and 15
27	27	WHEREAS, at the same time, a Sarasota Cou nty Ford F-550 16
28	28	utility truck driven by an employee of Sarasota County traveling 17
29	29	eastbound on Bahia Vista Street performed a legal U -turn 18
30	30	maneuver at the intersection with Witmarsum Boulevard in order 19
31	31	to travel westbound, and 20
32	32	WHEREAS, the Sarasota County e mployee drove the utility 21
33	33	truck into the pedestrian crosswalk and failed to come to a stop 22
34	34	or otherwise yield to Ms. Stewart, who was jogging westbound in 23
35	35	the pedestrian crosswalk, and the truck struck Ms. Stewart from 24
36	36	behind, and 25 
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38	38	HB 6019 2023
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45	45	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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47	47	WHEREAS, after running M s. Stewart over from behind, the 26
48	48	Sarasota County utility truck continued to drive, dragging Ms. 27
49	49	Stewart on the concrete sidewalk for 65 feet and tearing the 28
50	50	skin off her torso, both of her hips, and both of her arms; 29
51	51	tearing the hair out of the top of her scalp; crushing her 30
52	52	pelvis with a grade 3 open book pelvic fracture; tearing her 31
53	53	liver nearly in half with a grade 4 liver laceration; injuring 32
54	54	her lungs, kidneys, and colon; and breaking five of Ms. 33
55	55	Stewart's ribs and her vertebral body transverse process es at 34
56	56	T11, T12, L1, L2, L3, L4, and L5, and 35
57	57	WHEREAS, Ms. Stewart did not lose consciousness at any time 36
58	58	during or after being run over and dragged by the utility truck 37
59	59	and was awake, aware, and conscious of the injuries inflicted on 38
60	60	her, and 39
61	61	WHEREAS, Ms. Stewart was designated as a trauma 1 patient 40
62	62	and transported emergently to Sarasota Memorial Hospital, where 41
63	63	she underwent surgical debridement of the degloving injuries to 42
64	64	her skin; surgery to graft cadaver skin onto her degloving 43
65	65	injuries; surgery to re pair her lacerated liver; orthopedic 44
66	66	surgery to insert two large screws to reduce the injuries to her 45
67	67	pelvis; and intubation and mechanical ventilation due to a 46
68	68	collapsed lung and respiratory insufficiency, and 47
69	69	WHEREAS, Ms. Stewart's 15 -day hospitalization was followed 48
70	70	by months of home health care; wound care; ongoing and 49
71	71	continuous physical therapy; occupational therapy; further 50 
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73	73	HB 6019 2023
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80	80	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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82	82	surgical debridements; surgical removal of allographs; surgical 51
83	83	harvesting of skin from her right thigh for grafting to the 52
84	84	degloving injuries on her torso, her hips, and her arms; wound 53
85	85	revision surgery; and medical and psychological treatment for 54
86	86	posttraumatic stress disorder (PTSD) and anxiety, and 55
87	87	WHEREAS, Ms. Stewart, through no fault of her own, suffered 56
88	88	and was treated for multiple traumatic injuries and has 57
89	89	suffered, and will continue to suffer, mental pain and anguish 58
90	90	and the loss of enjoyment of life, and 59
91	91	WHEREAS, Ms. Stewart incurred medical care and treatment 60
92	92	costs related to her injuries which, as of May 24, 2022, to tal 61
93	93	$917,251.49, and 62
94	94	WHEREAS, since the crash, Ms. Stewart has required costly 63
95	95	and continuous care and treatment, and she will require such 64
96	96	care and treatment for the remainder of her life, and 65
97	97	WHEREAS, as a result of her injuries, Ms. Stewart is 66
98	98	medically unable to return to her career as an elementary school 67
99	99	teacher due to her continued pain, physical limitations, and 68
100	100	PTSD and anxiety, which make her medically unemployable, and 69
101	101	WHEREAS, with a work -life expectancy of another 29 years, 70
102	102	the amount of Ms. Stewart's past lost earnings and future 71
103	103	earning capacity after reduction to present value is $1,927,498, 72
104	104	and 73
105	105	WHEREAS, as a result of losing her career, Ms. Stewart will 74
106	106	lose the health insurance she had as a teacher and will have to 75 
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115	115	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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117	117	pay over her lifetime to replace that health insurance coverage, 76
118	118	which, after reduction to present value, totals $156,568, and 77
119	119	WHEREAS, Ms. Stewart suffered severe and permanent bodily 78
120	120	injury, severe and permanent scarring and disfigurement over 79
121	121	large parts of her body, menta l pain and anguish, disability, 80
122	122	pain and suffering, and the loss of ability to enjoy life from 81
123	123	the time of the accident going forward into the future, and 82
124	124	WHEREAS, Sarasota County admits that its employee was 83
125	125	solely at fault for running Ms. Stewart over f rom behind; that 84
126	126	its employee was acting within the course and scope of his 85
127	127	employment and driving Sarasota County's F -550 utility truck 86
128	128	when he ran Ms. Stewart over from behind; that Ms. Stewart did 87
129	129	nothing wrong to cause or contribute to causing the inci dent 88
130	130	that permanently injured, disfigured, and disabled her; and that 89
131	131	the negligence of Sarasota County through the acts of its 90
132	132	employee was the sole cause of Ms. Stewart's injuries and 91
133	133	damages, and 92
134	134	WHEREAS, Ms. Stewart will require costly continuous care 93
135	135	and treatment for the remainder of her life, which treatment 94
136	136	will cost $388,538 after reduction to present value, and 95
137	137	WHEREAS, in resolving the civil action brought in the 96
138	138	Circuit Court for the Twel fth Judicial Circuit, in and for 97
139	139	Sarasota County, Kristin A. Stewart vs. Sarasota County, Case 98
140	140	No. 2020 CA 005362 NC, a final judgment was entered in favor of 99
141	141	Kristin A. Stewart against Sarasota County on June 14, 2022, in 100 
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147	147	CODING: Words stricken are deletions; words underlined are additions.
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150	150	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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152	152	the amount of $5.95 million, and 101
153	153	WHEREAS, the parties signed a settlement agreement under 102
154	154	the terms of which a total amount of $5.95 million is to be paid 103
155	155	to Ms. Stewart, of which Sarasota County has paid $200,000 104
156	156	pursuant to s. 768.28, Florida Statutes, and 105
157	157	WHEREAS, Sarasota County and its insurer, Colony Insurance 106
158	158	Company, have agreed to support this claim bill being rendered 107
159	159	against Sarasota County in this matter and will support any such 108
160	160	bill in the amount agreed upon in the settlement agreement, NOW, 109
161	161	THEREFORE, 110
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163	163	Be It Enacted by the Legislature of the State of Florida: 112
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165	165	Section 1. The facts stated in the preamble to this act 114
166	166	are found and declared to be true. 115
167	167	Section 2. In addition to the $200,000 already paid to 116
168	168	Kristin A. Stewart, Sarasota County is authorized and directe d 117
169	169	to appropriate from funds not otherwise encumbered and to draw a 118
170	170	warrant in the sum of $5.75 million payable to Kristin A. 119
171	171	Stewart as compensation for injuries and damages sustained due 120
172	172	to the negligence of an employee of Sarasota County. 121
173	173	Section 3. Excluding the federal portions of any liens, 122
174	174	Medicaid or otherwise, which the claimant must satisfy pursuant 123
175	175	to s. 409.910, Florida Statutes, it is the intent of the 124
176	176	Legislature that the lien interests relating to the care and 125 
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178	178	HB 6019 2023
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185	185	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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187	187	treatment of Kristin A. Stewa rt are hereby waived and 126
188	188	extinguished. 127
189	189	Section 4. The amount paid by Sarasota County pursuant to 128
190	190	s. 768.28, Florida Statutes, and the amount awarded under this 129
191	191	act are intended to provide the sole compensation for all 130
192	192	present and future claims arising out of the factual situation 131
193	193	described in this act which resulted in injuries and damages to 132
194	194	Kristin A. Stewart. The total amount paid for attorney fees 133
195	195	relating to this claim may not exceed 25 percent of the first 2 134
196	196	million dollars recovered and 20 percen t of moneys recovered in 135
197	197	excess of 2 million dollars, the total amount paid for lobbying 136
198	198	fees may not exceed 5 percent of the amount recovered, and the 137
199	199	total amount paid for costs or other similar expenses may not 138
200	200	exceed $88,709.64. 139
201	201	Section 5. This act shall take effect upon becoming a law. 140