Bill Text: FL S0084 | 2015 | Regular Session | Comm Sub

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Bill Title: Relief of Sharon Robinson by the Central Florida Regional Transportation Authority

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-04-27 - Laid on Table, companion bill(s) passed, see CS/HB 3531 (Ch. 2015-181) [S0084 Detail]

Download: Florida-2015-S0084-Comm_Sub.html

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       Florida Senate - 2015                       (NP)    CS for SB 84
       
       
        
       By the Committee on Judiciary; and Senator Soto
       
       
       
       
       
       590-02839-15                                            201584c1
    1                        A bill to be entitled                      
    2         An act for the relief of Sharon Robinson,
    3         individually, as guardian of Mark Robinson, and as
    4         personal representative of the Estate of Matthew
    5         Robinson; authorizing the Central Florida Regional
    6         Transportation Authority to make an appropriation from
    7         funds of the authority not otherwise appropriated to
    8         compensate her and her son for the death of Matthew
    9         Robinson and for injuries and damages they sustained
   10         as a result of the negligence of the Central Florida
   11         Regional Transportation Authority as operator of Lynx
   12         buses; providing that the amount already paid by the
   13         authority and the appropriation satisfy all present
   14         and future claims related to the negligent act;
   15         providing a limitation on the payment of fees and
   16         costs; providing an effective date.
   17  
   18         WHEREAS, on November 4, 2010, Matthew Robinson, 10, and
   19  Mark Robinson, 12, both children of Sharon Robinson, were
   20  crossing the street at the intersection of Columbia Avenue and
   21  Dyer Street in Kissimmee, and
   22         WHEREAS, Matthew Robinson and Mark Robinson were struck by
   23  the front bike rack of a Lynx bus while in the crosswalk and
   24  dragged underneath the bus when the driver of the bus failed to
   25  yield to pedestrians in the crosswalk, and
   26         WHEREAS, while the bus was still moving, Mark Robinson was
   27  able to crawl out to safety, but Matthew Robinson’s belt loop
   28  was caught in the undercarriage of the bus, and
   29         WHEREAS, Matthew Robinson was dragged underneath the bus
   30  until the rear tire crushed his head, and
   31         WHEREAS, Matthew Robinson was pronounced dead at the scene,
   32  and
   33         WHEREAS, Mark Robinson was transported to the hospital via
   34  ambulance and diagnosed with a stress fracture of the vertebrae
   35  with spondolysthesis, and
   36         WHEREAS, Mark Robinson wore a brace until he recovered from
   37  his physical injuries, but has permanent injury due to the
   38  spondolysthesis, and
   39         WHEREAS, Mark Robinson’s medical bills total $27,137.90,
   40  and
   41         WHEREAS, Sharon Robinson and Mark Robinson both suffer from
   42  posttraumatic stress disorder, and Ms. Robinson suffers from
   43  symptoms placing her in the range of severe depression, and
   44         WHEREAS, the driver of the bus that struck Matthew Robinson
   45  and Mark Robinson had been previously involved in six
   46  preventable accidents, and
   47         WHEREAS, the driver was found guilty of violating s.
   48  316.075, Florida Statutes, and was terminated by Lynx for
   49  violation of safety policies and procedures after a finding that
   50  the accident was preventable, and
   51         WHEREAS, Sharon Robinson, individually, as guardian of Mark
   52  Robinson, and as personal representative of the Estate of
   53  Matthew Robinson, filed a lawsuit against Central Florida
   54  Regional Transportation Authority, which operates Lynx, in the
   55  Ninth Judicial Circuit in Osceola County, and
   56         WHEREAS, before trial, the respondent admitted liability,
   57  and the parties reached a settlement agreement totaling $3.2
   58  million, of which the Central Florida Regional Transportation
   59  Authority has paid $200,000 under the statutory limits of
   60  liability set forth in s. 768.28, Florida Statutes, and
   61         WHEREAS, the Central Florida Regional Transportation
   62  Authority fully supports the passage of this claim bill for the
   63  unpaid portion of the settlement amount, NOW, THEREFORE,
   64  
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. The facts stated in the preamble to this act are
   68  found and declared to be true.
   69         Section 2. The Central Florida Regional Transportation
   70  Authority is authorized and directed to appropriate from funds
   71  of the authority not otherwise appropriated and to draw a
   72  warrant, payable to Sharon Robinson, individually, as guardian
   73  of Mark Robinson and as personal representative for the Estate
   74  of Matthew Robinson, for the total amount of $3 million as
   75  compensation for injuries and damages sustained as a result of
   76  the negligence of an employee of the Central Florida Regional
   77  Transportation Authority.
   78         Section 3. The warrant shall be drawn to Sharon and Mark
   79  Robinson’s attorneys to be placed in the Florida Bar Interest on
   80  Trust Accounts (IOTA) program for the benefit of Sharon
   81  Robinson, as the personal representative of the Estate of
   82  Matthew Robinson, for a reduced statutory fee after attorney
   83  fees and costs pursuant to s. 733.617(2), Florida Statutes, in
   84  the amount of 3 percent of the first $1 million and 2.5 percent
   85  of the remainder, reducing the fee to $58,529.34. The payment to
   86  Sharon Robinson, as mother individually, will be 37.5 percent of
   87  the remainder or $821,838.99; to Warren Robinson, as father
   88  individually, 2.8 percent of the remainder or $61,250.00; and
   89  for Mark Robinson in the amount of 59.7 percent of the remainder
   90  or $1,308,481.67, to be placed in a trust account, guardianship,
   91  or structure to provide income, protect from wasteful
   92  dissipation, and provide protection of the assets for the
   93  benefit of Mark Robinson; for a total in the sum of $3 million.
   94  The Central Florida Regional Transportation Authority is
   95  directed to pay the same out of funds not otherwise
   96  appropriated. The remainder of the total shall be paid to
   97  reimburse for taxable costs and fees. Lobbying and attorney fees
   98  shall be prorated and may not exceed 25 percent.
   99         Section 4. The amount paid by the Central Florida Regional
  100  Transportation Authority pursuant to s. 768.28, Florida
  101  Statutes, and the amount awarded under this act are intended to
  102  provide the sole compensation for all present and future claims
  103  arising out of the factual situation described in the preamble
  104  to this act which resulted in the death of Matthew Robinson and
  105  the injuries and damages sustained by Mark and Sharon Robinson.
  106  The total amount paid for attorney fees, lobbying fees, costs,
  107  and other similar expenses relating to this claim may not exceed
  108  25 percent of the amount awarded under this act.
  109         Section 5. This act shall take effect upon becoming a law.