Florida 2025 Regular Session

Florida House Bill H6513 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 Kristen and Lia McIntosh; 2
14	14	providing an appropriation to compensate Kristen and 3
15	15	Lia McIntosh for injuries and damages sustained as a 4
16	16	result of the negligence of an employee of the 5
17	17	Department of Agriculture and Consumer Services; 6
18	18	providing a limitation on the payment of compensation 7
19	19	and attorney fees; providing an effective date. 8
20	20	9
21	21	WHEREAS, at approximately 8:30 p.m. on February 12, 2022, 10
22	22	Officer James Michael McWhorter of the Law Enforcement Division 11
23	23	of the Department of Agriculture and Consumer Services, while 12
24	24	operating a state-owned 2019 Dodge Charger in Nassau County, 13
25	25	attempted to cross Interstate 95 in a westerly direction across 14
26	26	northbound and southbound travel lanes in the dark and with 15
27	27	complete disregard for the right -of-way of approaching motorists 16
28	28	traveling within authorized highway speeds, and 17
29	29	WHEREAS, in traversing the interstate, Officer McWhorter 18
30	30	drove into the path of a vehicle traveling southbound containing 19
31	31	a driver and three passengers, husband and wife Ronald and 20
32	32	Elizabeth Thornton, who were in the front seats, and their two 21
33	33	teenage daughters, Kristen and Lia McIntosh, who were in the 22
34	34	rear seats, and 23
35	35	WHEREAS, Officer McWhorter's actions caused the two 24
36	36	vehicles to violently collide on the interstate, resulting in 25 
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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	serious injuries to Mr. and Mrs. Thornton and their daughters, 26
48	48	and to Officer McWhorter, who subsequently died as a result of 27
49	49	his injuries, and 28
50	50	WHEREAS, as a result of the collision, Kristen McIntosh 29
51	51	suffered a traumatic brain injury, multiple spinal fractures, 30
52	52	and posttraumatic stress disorder, resulting in pain and 31
53	53	suffering, disability, disfigurement, mental anguish, emotional 32
54	54	distress, loss of capacity fo r the enjoyment of life, expense of 33
55	55	hospitalization, medical and nursing care and treatment, loss of 34
56	56	earnings, loss of ability to earn money, and aggravation of any 35
57	57	previously existing condition, and 36
58	58	WHEREAS, as a result of the collision, Lia McIntosh 37
59	59	suffered a fractured neck, a spinal fracture, a collapsed lung, 38
60	60	internal bleeding, a bowel tear, and posttraumatic stress 39
61	61	disorder, resulting in pain and suffering, disability or 40
62	62	physical impairment, disfigurement, mental anguish, 41
63	63	inconvenience, loss of capac ity for the enjoyment of life, and 42
64	64	aggravation of any previously existing condition, and 43
65	65	WHEREAS, the Thornton -McIntosh family filed a lawsuit in 44
66	66	the Circuit Court of the Fourth Judicial Circuit in and for 45
67	67	Nassau County under case number 2023 -CA-0014 against the 46
68	68	Department of Agriculture and Consumer Services seeking 47
69	69	compensatory damages for the injuries sustained in the crash, 48
70	70	and 49
71	71	WHEREAS, during the course of the litigation, the 50 
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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	Department of Agriculture and Consumer Services agreed that the 51
83	83	injuries sustained by Kristen and Lia McIntosh far exceeded the 52
84	84	statutory limit of $200,000 per person and $300,000 per incident 53
85	85	and would likely result in a multimillion -dollar verdict in 54
86	86	their favor if tried before a judge or jury, and 55
87	87	WHEREAS, in April 2024, a se ttlement agreement was entered 56
88	88	into between the parties, whereby the Department of Agriculture 57
89	89	and Consumer Services agreed to pay its capped statutory limits 58
90	90	of $300,000 to the family and support a claim bill to recover 59
91	91	additional damages for the severe i njuries sustained by Kristen 60
92	92	and Lia McIntosh, and 61
93	93	WHEREAS, pursuant to the settlement agreement, a consent 62
94	94	judgment was entered by the circuit court in the amount of 63
95	95	$1.001 million to Kristen McIntosh and $1.251 million to 64
96	96	Elizabeth Thornton as parent an d natural guardian of Lia 65
97	97	McIntosh, a minor child, with payment of this judgment 66
98	98	contingent upon passage of this claim bill, which is fully 67
99	99	supported by the Department of Agriculture and Consumer 68
100	100	Services, NOW, THEREFORE, 69
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102	102	Be It Enacted by the Legislatur e of the State of Florida: 71
103	103	72
104	104	Section 1. The facts stated in the preamble to this act 73
105	105	are found and declared to be true. 74
106	106	Section 2. The sum of $2.252 million is appropriated from 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	the General Revenue Fund to the Department of Agriculture and 76
118	118	Consumer Services for the relief of Kristen and Lia McIntosh for 77
119	119	injuries and damages sustained. 78
120	120	Section 3. The Chief Financial Officer is directed to draw 79
121	121	warrants payable to Kristen McIntosh in the sum of $1.001 80
122	122	million and to Elizabeth Thornton as parent and natural guardian 81
123	123	of Lia McIntosh, a minor child, in the sum of $1.251 million 82
124	124	upon funds of the Department of Agriculture and Consumer 83
125	125	Services in the State Treasury and to pay the same out of such 84
126	126	funds in the State Treasury. 85
127	127	Section 4. The amount paid by the Department of 86
128	128	Agriculture and Consumer Services pursuant to s. 768.28, Florida 87
129	129	Statutes, under the settlement agreement and the amount awarded 88
130	130	under this act are intended to provide the sole compensation for 89
131	131	all present and future claims arising out of the factual 90
132	132	situation described in this act which resulted in injuries and 91
133	133	damages to Kristen and Lia McIntosh. The total amount paid for 92
134	134	attorney fees relating to this claim may not exceed 25 percent 93
135	135	of the total amount awarded under this act. 94
136	136	Section 5. This act shall take effect upon becoming a law. 95