Title: Relief/Shuler Limited Partnership/Florida Forest Service and Board of Trustees of the Internal Improvement Trust Fund

Summary: Provides appropriation from Florida Forest Service & Board of Trustees of Internal Improvement Trust Fund to compensate Shuler Limited Partnership for damages sustained from negligence, negligence per se, & gross negligence of state employees; provides limitation on payment of attorney fees.

Full Text:
WHEREAS, under chapter 590, Florida Statutes, the Florida Forest Service of the Department of Agriculture and Consumer Services, formerly known as the Division of Forestry and hereinafter referred to as the "forest service," is responsible for managing Tate's Hell State Forest, including the prescribed burn area, for the board, and WHEREAS, Shuler Limited Partnership is the owner of an approximately 2,182-acre property, hereinafter referred to as "Shuler's Pasture," located west of the prescribed burn a rea and separated from the prescribed burn area by Cash Creek, and WHEREAS, on April 9, 2008, the forest service conducted a prescribed burn in the prescribed burn area, but before the fire was completely extinguished, an ember from the smoldering fire drifted onto Shuler's Pasture, causing a fire there that destroyed acres of trees, and WHEREAS, Shuler Limited Partnership filed suit in the Second Judicial Circuit in and for Franklin County, and a jury returned a verdict in favor of Shuler Limited Par tnership, finding that the forest service was negligent, negligent per se, and grossly negligent in the conduct of the prescribed burn, that the burn was conducted in violation of chapter 590, Florida Statutes, and that the board was vicariously liable for the forest service's conduct of the prescribed burn, and WHEREAS, the jury awarded $741,496 in damages and $28,997 in costs and fees to Shuler Limited Partnership, for a total sum of $770,493, and WHEREAS, the forest service and the board appealed the jury verdict, but the First District Court of Appeal upheld the verdict, and WHEREAS, the forest service and the board have paid $100,000 to Shuler Limited Partnership pursuant to the statutory HB 6507 2019 limits of liability in s. 768.28, Florida Statutes, applicable at the time, and a total of $670,493 remains to be paid, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. There is a ppropriated from the General Revenue Fund to the Department of Agriculture and Consumer Services and to the Board of Trustees of the Internal Improvement Trust Fund the sum of $670,493 for the relief of Shuler Limited Partnership for the damages caused by, and for the costs and fees incurred as the result of, the negligence, negligence per se, and gross negligence of employees of the Florida Forest Service of the Department of Agriculture and Consumer Services and their violation of chapter 590, Florida Sta tutes. Section 3. The Chief Financial Officer is directed to draw a warrant in the sum of $670,493, payable to Shuler Limited Partnership, as compensation for the damages to Shuler Limited Partnership caused by, and for the costs and fees incurred as the result of, the negligence, negligence per se, and gross negligence of employees of the Florida Forest Service of the Department of Agriculture and Consumer Services and their violation of chapter 590, Florida Statutes. HB 6507 2019 Section 4. The amount paid by the Florida Forest Service of the Department of Agriculture and Consumer Services and the Board of Trustees of the Internal Improvement Trust Fund pursuant to s. 768.28, Florida Statutes, and the amount awarded under this act are intended to provide the so le compensation for all present and future claims arising out of the factual situation described in this act which resulted in damages to Shuler Limited Partnership. The total amount paid for attorney fees relating to this claim may not exceed percent of the total amount awarded under this act. Section 5. This act shall take effect upon becoming a law.