Florida HB 6509: Relief/C.M.H./Department of Children and Families

Bill Text

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An act for the relief of the Estate of Mark LaGatta; 2
providing an appropriation to compensate the estate 3
for injuries and damages sustained by Mr. LaGatta as a 4
result of the negligence of the Department of 5
Transportation; providing a limitation on compensation 6
and the payment of attorney fees; providing an 7
effective date. 8
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WHEREAS, on July 27, 2020, Mark LaGatta and his daughter, 10
Faith LaGatta, were lawfully riding on Mr. LaGatta's motorcycle 11
and traveling eastbound on State Road 24 near the intersection 12
with SW 95th Avenue in Cedar Key in Levy County, and 13
WHEREAS, Mr. LaGatta, 57 years old at the time, was 14
operating the motorcycle, and Faith LaGatta was a passenger, and 15
WHEREAS, the Department of Transportation was in the 16
process of roadwork on State Road 24 to repair sinkhole damage, 17
and 18
WHEREAS, the department created a work zone, marking the 19
closed westbound lane with cones, leaving only the eastbound 20
lane open for travel, and 21
WHEREAS, the department's work zone had flaggers present to 22
direct the flow of traffic, and a flagger directed Mr. LaGatta 23
to proceed eastbound through the work zone, and 24
WHEREAS, an employee of the department was operating a 25

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tractor with a box blade attachment in the westbound travel 26
lane, and 27
WHEREAS, the employee backed up into the eastbound travel 28
lane, directly in front of Mr. LaGatta, causing a collision 29
between the tractor's box blade and Mr. LaGatta's motorcycle, 30
and 31
WHEREAS, as a result of the accident, Mr. LaGatta sustained 32
severe injuries to his legs which resulted in the amputation of 33
his left leg, and 34
WHEREAS, Mr. LaGatta was hospitalized for several weeks as 35
a result of the accident, underwent seven surgeries and a 36
tracheotomy, and was placed in an induced coma, and 37
WHEREAS, Mr. LaGatta was hospitalized when COVID-19 38
protocols were enforced, and none of his five children were 39
allowed to visit him in the hospital, and 40
WHEREAS, Mr. LaGatta was medically unable to return to his 41
career as a maintenance engineer, and 42
WHEREAS, on February 28, 2023, in resolving the civil 43
action brought in the Circuit Court for the Eighth Judicial 44
Circuit, in and for Levy County, Case No. 38-2021-CA-54, a final 45
judgment was entered in favor of Mr. LaGatta against the 46
Department of Transportation, in the amount of $2.32 million, 47
and 48
WHEREAS, in August 2024, Mr. LaGatta passed away after 49
suffering bodily injury resulting in pain and suffering; 50

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disability; disfigurement; mental anguish; lost capacity for the 51
enjoyment of life; the expense of hospitalization and medical 52
and nursing care and treatment; lost earnings; and lost earning 53
capacity following his accident, and 54
WHEREAS, the department paid $120,000 to Mr. LaGatta under 55
s. 768.28, Florida Statutes, before his passing, with the 56
remainder of the judgment now payable to his estate, and 57
WHEREAS, the department has agreed to support this claim 58
bill, NOW, THEREFORE, 59
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Be It Enacted by the Legislature of the State of Florida: 61
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Section 1. The facts stated in the preamble to this act 63
are found and declared to be true. 64
Section 2. The sum of $1.2 million is appropriated from 65
the State Transportation Trust Fund to the Department of 66
Transportation for the relief of the Estate of Mark LaGatta for 67
injuries and damages sustained by Mr. LaGatta. 68
Section 3. The Chief Financial Officer is directed to draw 69
a warrant in favor of the Estate of Mark LaGatta in the amount 70
of $1.2 million upon funds of the Department of Transportation 71
in the State Treasury and to pay the same out of such funds in 72
the State Treasury. 73
Section 4. The amount paid by the Department of 74
Transportation pursuant to s. 768.28, Florida Statutes, and the 75

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amount awarded under this act are intended to provide the sole 76
compensation for all present and future claims arising out of 77
the factual situation described in this act which resulted in 78
injuries and damages to Mark LaGatta. The total amount paid for 79
attorney fees relating to this claim may not exceed 25 percent 80
of the total amount awarded under