Bill Text: FL H1155 | 2010 | Regular Session | Introduced

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Bill Title: Relief/Madonna Castillo/ City of Hialeah

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/SB 50; Laid on Table, companion bill(s) passed, see CS/SB 50 (Ch. 2010-238) -HJ 01174 [H1155 Detail]

Download: Florida-2010-H1155-Introduced.html

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HB 1155

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 the sum of $200,000, and agreed to support a
33	claim bill by the Legislature in the amount of $500,000 in favor
34	of Madonna Castillo, NOW, THEREFORE,
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1. The facts stated in the preamble to this act
39	are found and declared to be true.
40	Section 2. The City of Hialeah is authorized and directed
41	to appropriate from funds of the city not otherwise appropriated
42	and to draw ten consecutive annual warrants in the amount of
43	$50,000 each, for a total settlement of $500,000, pursuant to
44	the settlement agreement, payable to Friedman, Rodman, & Frank
45	Trust and Madonna Castillo, which sum is inclusive of costs and
46	attorney's fees as limited in accordance with s. 768.28, Florida
47	Statutes, as compensation for the injuries sustained by Madonna
48	Castillo due to the negligence of the City of Hialeah. The first
49	of the ten annual installments shall be paid on July 1, 2010,
50	with annual installments to be paid each subsequent year on July
51	1, concluding with the final installment to be paid on July 1,
52	2019.
53	Section 3. The amounts paid by the City of Hialeah
54	pursuant to s. 768.28, Florida Statutes, and the amount awarded
55	under this act are intended to provide the sole compensation for
56	all present and future claims arising out of the factual
57	situation described in the preamble to this act which resulted
58	in the injuries sustained by Madonna Castillo. The total amount
59	paid for attorney's fees, lobbying fees, costs, and other
60	similar expenses relating to this claim may not exceed 25
61	percent of the amount awarded under this act.
62	Section 4. This act shall take effect upon becoming a law.

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