Bill Text: FL H0463 | 2010 | Regular Session | Introduced

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Bill Title: Relief/Madonna Castillo/City of Hialeah

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Civil Justice & Courts Policy (CCJP), companion bill(s) passed, see CS/SB 50 (Ch. 2010-238) [H0463 Detail]

Download: Florida-2010-H0463-Introduced.html

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HB 463

1	A bill to be entitled
2	An act for the relief of Madonna Castillo by the City of
3	Hialeah; providing for an appropriation to compensate her
4	for injuries and damages that she sustained as a result of
5	the negligence of the City of Hialeah; providing a
6	limitation on the payment of fees and costs; providing an
7	effective date.
8
9	WHEREAS, on July 3, 1998, Madonna Castillo, a minor, was
10	swimming in the public pool at Milander Park in the City of
11	Hialeah, and
12	WHEREAS, the City of Hialeah managed and operated the pool
13	at Milander Park, and
14	WHEREAS, city employees allowed swimmers to be rowdy in and
15	around areas of the pool in which others were swimming, and
16	WHEREAS, the lifeguard on duty had abandoned his post, and
17	WHEREAS, while Madonna Castillo was standing in the pool
18	talking to her sister, Madonna Castillo was struck in the eye by
19	another swimmer, and
20	WHEREAS, as a result of the incident, Madonna Castillo
21	suffered total vision loss in her right eye and underwent two
22	surgeries, including the insertion of a microvalve to regulate
23	intraocular pressure, and
24	WHEREAS, Madonna Castillo's injuries will require the
25	eventual removal of her right eye and the insertion of a
26	prosthetic eye, and
27	WHEREAS, after a jury trial resulting in a verdict in favor
28	of Madonna Castillo, the City of Hialeah initiated appellate
29	proceedings, and
30	WHEREAS, the parties entered into a settlement agreement,
31	pursuant to which, on April 2, 2004, the City of Hialeah paid to
32	Madonna Castillo and her mother, Reyna Castillo, the sum of
33	$100,000 apiece, for a grand total of $200,000, and agreed to
34	support a claim bill by the Legislature in the amount of
35	$500,000 in favor of Madonna Castillo, NOW, THEREFORE,
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1. The facts stated in the preamble to this act
40	are found and declared to be true.
41	Section 2. The City of Hialeah is authorized and directed
42	to appropriate from funds of the city not otherwise appropriated
43	and to draw a warrant in the amount of $500,000, pursuant to the
44	settlement agreement, to be paid to Madonna Castillo, which sum
45	is inclusive of costs and attorney's fees as limited in
46	accordance with s. 768.28, Florida Statutes, as compensation for
47	the injuries sustained by Madonna Castillo due to the negligence
48	of the City of Hialeah.
49	Section 3. This award is intended to provide the sole
50	compensation for all present and future claims arising out of
51	the factual situation described in this act which resulted in
52	the injuries sustained by Madonna Castillo. The total amount
53	paid for attorney's fees, lobbying fees, costs, and other
54	similar expenses relating to this claim may not exceed 25
55	percent of the amount awarded under this act.
56	Section 4. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.