Florida 2025 Regular Session

Florida House Bill H6503 Compare Versions

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

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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 Mande Penney -Lemmon by 2
14	14	Sarasota County; providing for an appropriation to 3
15	15	compensate her for injuries sustained as a result of 4
16	16	the negligence of Sarasota County through its 5
17	17	employee; providing a limitation on compensation and 6
18	18	the payment of attorney fees; providing an effective 7
19	19	date. 8
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21	21	WHEREAS, on or about October 1, 2018, Mande Penney -Lemmon 10
22	22	was lawfully driving over the Venice A venue Bridge in Venice and 11
23	23	came to a complete stop when traffic stalled in front of her 12
24	24	vehicle at or near the intersection of East Venice Avenue and 13
25	25	Tamiami Trail North, and 14
26	26	WHEREAS, at the same time, Jill Parnell, an employee of 15
27	27	Sarasota County, who was acting within the course and scope of 16
28	28	her official duties as a supervisor for Sarasota County Parks, 17
29	29	Recreation and Natural Resources, was driving over the same 18
30	30	bridge in a motor vehicle owned by Sarasota County, and 19
31	31	WHEREAS, it was a clear and sunny day , and there were no 20
32	32	visual obstructions as Ms. Parnell was driving, and 21
33	33	WHEREAS, Ms. Parnell admitted that she was wearing 22
34	34	headphones at the time and did not notice that traffic had come 23
35	35	to a stop ahead of her, and 24 
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44	44	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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46	46	WHEREAS, Ms. Parnell's vehicle collided directly into the 25
47	47	back of Ms. Penney-Lemmon's vehicle, the impact of which caused 26
48	48	Ms. Penney-Lemmon's vehicle to hit the vehicle stopped in front 27
49	49	of her, and 28
50	50	WHEREAS, due to the impacts involving both the rear and 29
51	51	front of Ms. Penney-Lemmon's vehicle whi ch were caused by Ms. 30
52	52	Parnell's negligent driving, Ms. Penney -Lemmon suffered 31
53	53	significant physical and neurological injuries, including, but 32
54	54	not limited to, discogenic injuries to her neck, disc herniation 33
55	55	in her lower back, a type II SLAP tear in her left shoulder, and 34
56	56	bilateral temporomandibular joint dysfunction, all of which have 35
57	57	required medical intervention and have had a negative impact on 36
58	58	her quality of life, and 37
59	59	WHEREAS, Ms. Penney-Lemmon was subsequently diagnosed with 38
60	60	a traumatic brain injury as a result of the accident which will 39
61	61	limit her ability to function normally for the remainder of her 40
62	62	life, and 41
63	63	WHEREAS, Ms. Penney-Lemmon continues to suffer from chronic 42
64	64	headaches and anxiety and depression related to the accident, 43
65	65	and 44
66	66	WHEREAS, Ms. Penney-Lemmon brought a civil action against 45
67	67	Sarasota County in the Twelfth Judicial Circuit in and for 46
68	68	Sarasota County, case number 2022 -CA-2865, for the negligent 47
69	69	acts of its employee Ms. Parnell, which resulted in injuries to 48
70	70	Ms. Penney-Lemmon, and 49 
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79	79	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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81	81	WHEREAS, the jury found that negligence on the part of 50
82	82	Sarasota County, through the actions of its employee Ms. 51
83	83	Parnell, was the cause of the injuries and damages to Ms. 52
84	84	Penney-Lemmon and issued a verdict in her favor in the amount of 53
85	85	$2,491,364.63, plus interest at the rate of 9.34 percent per 54
86	86	annum, or 0.000255191 percent per day, for past and future 55
87	87	damages, and 56
88	88	WHEREAS, Sarasota County has paid the statutory limit of 57
89	89	$200,000 in damages under s. 768.28, Florida Statutes, and 58
90	90	WHEREAS, this claim bill is for recovery of the excess 59
91	91	judgment in favor of Ms. Penney -Lemmon, in the amount of 60
92	92	$2,291,364.63, NOW, THEREFORE, 61
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94	94	Be It Enacted by the Legislature of the State of Florida: 63
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96	96	Section 1. The facts stated in the preamble to this act 65
97	97	are found and declared to be true. 66
98	98	Section 2. Sarasota County is authorized and directed to 67
99	99	appropriate from funds not otherwise encumbered and to draw a 68
100	100	warrant in the amount of $2,291,364.63, payable to Mande Penney -69
101	101	Lemmon as compensation for injuries and damages sustained . 70
102	102	Section 3. The amount paid by Sarasota County pursuant to 71
103	103	s. 768.28, Florida Statutes, and the amount awarded under this 72
104	104	act are intended to provide the sole compensation for all 73
105	105	present and future claims arising out of the factual situation 74 
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114	114	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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116	116	described in this act which resulted in injuries and damages to 75
117	117	Mande Penney-Lemmon. The total amount paid for attorney fees 76
118	118	relating to this claim may not exceed 25 percent of the total 77
119	119	amount awarded under this act. 78
120	120	Section 4. This act shall take effect upon becoming a law. 79