Florida HB 6515: Relief/Michael Barnett/Department of Children and Families

Bill Text

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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An act for the relief of Lourdes Latour and Edward 2
Latour by Miami-Dade County; providing an 3
appropriation to compensate Mr. and Mrs. Latour for 4
injuries sustained as a result of the negligence of 5
Miami-Dade County; providing a limitation on 6
compensation and the payment of attorney fees; 7
providing an effective date. 8
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WHEREAS, on November 5, 2017, Lourdes Latour sustained 10
serious injuries when she was struck by a malfunctioning 11
automatic gate arm while exiting the Gables by the Sea community 12
on her bicycle in Miami-Dade County, and 13
WHEREAS, the automatic gate arm at the community exit 14
malfunctioned, striking Lourdes Latour and throwing her from her 15
bicycle, causing her to sustain permanent injuries, and 16
WHEREAS, Lourdes Latour and Edward Latour have alleged, 17
through a lawsuit filed on November 21, 2018, that the 18
negligence of Miami-Dade County in the ownership, operation, 19
maintenance, and control of the subject exit gate was the 20
proximate cause of the injuries sustained by Mrs. Latour, and 21
WHEREAS, the lawsuit proceeded to trial, and on January 16, 22
2025, a jury returned a verdict in favor of Mr. and Mrs. Latour, 23
finding Miami-Dade County 100 percent liable for the incident, 24
and 25

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HB 6515 2026 Legislature

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

WHEREAS, the jury awarded Mrs. Latour $4.75 million for her 26
injuries and Mr. Latour $165,000 for his loss of consortium, and 27
WHEREAS, Mrs. Latour has suffered significant pain and 28
suffering, disability, physical impairment, disfigurement, 29
mental anguish, inconvenience, and loss of capacity for 30
enjoyment of life, and 31
WHEREAS, Mr. Latour has suffered loss of his wife's 32
comfort, society, attention, and services, and 33
WHEREAS, following the verdict and entry of final judgment, 34
Mr. and Mrs. Latour and Miami-Dade County reached a settlement 35
in the amount of $800,000, and 36
WHEREAS, pursuant to the settlement agreement between the 37
parties, the plaintiffs' claim will be partially satisfied by 38
Miami-Dade County paying the amount of $300,000 to Mr. and Mrs. 39
Latour, and 40
WHEREAS, pursuant to the settlement, Miami-Dade County 41
supports and agrees that Mr. and Mrs. Latour should receive as 42
compensation the remaining $500,000 of the settlement amount, 43
and their claim shall be considered fully satisfied by Miami-44
Dade County paying this $500,000 to Mr. and Mrs. Latour, as 45
authorized by the Florida Legislature through a claim bill, NOW, 46
THEREFORE, 47
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Be It Enacted by the Legislature of the State of Florida: 49
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Section 1. The facts stated in the preamble to this act 51
are found and declared to be true. 52
Section 2. Miami-Dade County is authorized and directed to 53
appropriate from funds not otherwise encumbered and to draw a 54
warrant in the sum of $500,000 payable to Lourdes Latour and 55
Edward Latour as compensation for injuries and damages 56
sustained. 57
Section 3. The amount paid by Miami-Dade County pursuant 58
to s. 768.28, Florida Statutes, and the amount awarded under 59
this act are intended to provide the sole compensation for all 60
present and future claims arising out of the factual situation 61
described in this act which resulted in injuries and damages to 62
Lourdes Latour and Edward Latour. The total amount paid for 63
attorney fees relating to this claim may not exceed 25 percent 64
of the total amount awarded under this act. 65
Section 4. This act shall take effect upon becoming a law. 66