Title: Relief/Robert Allan Smith/Orange County

Summary: Provides for appropriation to compensate Robert Allan Smith for injuries sustained as result of negligence of Orange County employee; provides legislative intent regarding lien interests held by state; provides limitation on payment of fees & costs.

Full Text:
WHEREAS, as Mr. Smith approached the intersection of DePauw Avenue and Orlando Street, at which stop signs are posted for vehicles traveling on Orlando Street, Orange County employee Lynn Lawrence Godden, who was driving an Orange Co unty work van west on Orlando Street, negligently pulled away from the stop sign, colliding with Mr. Smith, and WHEREAS, Mr. Smith said he saw the driver of the Orange County van visibly slow down as he approached the stop sign, having observed Mr. Smith approaching on his motorcycle, but that the driver drove through the stop sign and into Mr. Smith's WHEREAS, the front of the Orange County van struck Mr. Smith, causing severe and life-threatening i njuries and necessitating surgical procedures, including a traumatic amputation of his right leg above his knee, and WHEREAS, Mr. Smith also suffered a badly fractured lower left leg with internal fixation, a broken pelvis and sacrum with internal fixatio n, and damage to the rectum and internal organs, which required a laparotomy, and WHEREAS, the Orange County employee testified that he observed Mr. Smith's motorcycle as he approached the intersection, but he erroneously believed that it was heading away from him, although there was no evidence to support this claim, and that he was looking to his right, away from Mr. Smith, when he entered the intersection, and WHEREAS, the Orange County employee was issued a citation by the Orlando Police Department fo rfailure to yield from a stop sign, and WHEREAS, after finding for Mr. Smith and against Orange County in a civil jury trial, the jury in the case determined that Mr. Smith's future medical expenses totaled $2.376 million over years and that his past medical expenses and lost wages totaled $688,807.37, and awarded him $1,749,978 in damages for past and future pain and suffering, for a total award of $4,814,785.37, and WHEREAS, after the total award was reduced by amounts for comparative negligence and Medicaid and Veterans Administration setoffs, a final judgment was entered against Orange County on November 27, 2012, in the amount of $2,913,536.09, and WHEREAS, Orange County has paid Mr. Smith $100,000 pursuant to the statutory limits of liability se tforth in s. 768.28, Florida Statutes, which were in effect at the time Mr. Smith's claim arose, leaving a remaining unpaid balance of $2,813,536.09, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Section 1. The facts st ated in the preamble to this act are found and declared to be true. Section 2. Orange County is authorized and directed to appropriate from funds not otherwise encumbered and to draw a warrant in the sum of $750,000 payable to Robert Allan Smith as compensation for injuries and damages he sustained as a result of the negligence of an employee of Orange County. Section 3. It is the intent of the Legislature that the lien interests of the state relating to the claim of Robert Allan Smith for the treat ment and care of Robert Allan Smith, excluding the federal portion of any liens, are hereby waived or extinguished. Section 4. The amount paid by Orange County pursuant to s. ENROLLED CS/HB 6517 2019 Legislature 768.28, Florida Statutes, and the amount awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in injuries and damages to Robert Allan Smith. Of the amount awarded under this act, the total amount paid for atto rney fees may not exceed $150,000, the total amount paid for lobbying fees may not exceed $37,500, and the total amount paid for costs and other similar expenses relating to this claim may not exceed $71,511.15. Section 5. This act shall take effect upon becoming a law.