October 17, 2019
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_h1155__
HB 1155

1
A bill to be entitled
2An act for the relief of Madonna Castillo by the City of
3Hialeah; providing for an appropriation to compensate her
4for injuries and damages that she sustained as a result of
5the negligence of the City of Hialeah; providing a
6limitation on the payment of fees and costs; providing an
7effective date.
8
9     WHEREAS, on July 3, 1998, Madonna Castillo, a minor, was
10swimming in the public pool at Milander Park in the City of
11Hialeah, and
12     WHEREAS, the City of Hialeah managed and operated the pool
13at Milander Park, and
14     WHEREAS, city employees allowed swimmers to be rowdy in and
15around areas of the pool in which others were swimming, and
16     WHEREAS, the lifeguard on duty had abandoned his post, and
17     WHEREAS, while Madonna Castillo was standing in the pool
18talking to her sister, Madonna Castillo was struck in the eye by
19another swimmer, and
20     WHEREAS, as a result of the incident, Madonna Castillo
21suffered total vision loss in her right eye and underwent two
22surgeries, including the insertion of a microvalve to regulate
23intraocular pressure, and
24     WHEREAS, Madonna Castillo's injuries will require the
25eventual removal of her right eye and the insertion of a
26prosthetic eye, and
27     WHEREAS, after a jury trial resulting in a verdict in favor
28of Madonna Castillo, the City of Hialeah initiated appellate
29proceedings, and
30     WHEREAS, the parties entered into a settlement agreement,
31pursuant to which, on April 2, 2004, the City of Hialeah paid to
32Madonna Castillo the sum of $200,000, and agreed to support a
33claim bill by the Legislature in the amount of $500,000 in favor
34of Madonna Castillo, NOW, THEREFORE,
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  The facts stated in the preamble to this act
39are found and declared to be true.
40     Section 2.  The City of Hialeah is authorized and directed
41to appropriate from funds of the city not otherwise appropriated
42and to draw ten consecutive annual warrants in the amount of
43$50,000 each, for a total settlement of $500,000, pursuant to
44the settlement agreement, payable to Friedman, Rodman, & Frank
45Trust and Madonna Castillo, which sum is inclusive of costs and
46attorney's fees as limited in accordance with s. 768.28, Florida
47Statutes, as compensation for the injuries sustained by Madonna
48Castillo due to the negligence of the City of Hialeah. The first
49of the ten annual installments shall be paid on July 1, 2010,
50with annual installments to be paid each subsequent year on July
511, concluding with the final installment to be paid on July 1,
522019.
53     Section 3.  The amounts paid by the City of Hialeah
54pursuant to s. 768.28, Florida Statutes, and the amount awarded
55under this act are intended to provide the sole compensation for
56all present and future claims arising out of the factual
57situation described in the preamble to this act which resulted
58in the injuries sustained by Madonna Castillo. The total amount
59paid for attorney's fees, lobbying fees, costs, and other
60similar expenses relating to this claim may not exceed 25
61percent of the amount awarded under this act.
62     Section 4.  This act shall take effect upon becoming a law.


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