THE BILL ITSELF
SB 26
Relief of the Estate of Mark LaGatta by the Department of Transportation
Florida Senate - 2026 (NP) SB 26 By Senator McClain 9-00081-26 202626__
1
A bill to be entitled
2
An act for the relief of the Estate of Mark LaGatta;
3
providing an appropriation to compensate the estate
4
for injuries and damages sustained by Mr. LaGatta as a
5
result of the negligence of the Department of
6
Transportation; providing a limitation on compensation
7
and the payment of attorney fees; providing an
8
effective date.
10
WHEREAS, on July 27, 2020, Mark LaGatta and his daughter,
11
Faith LaGatta, were lawfully riding on Mr. LaGatta’s motorcycle
12
and traveling eastbound on State Road 24 near the intersection
13
with SW 95th Avenue in Cedar Key in Levy County, and
14
WHEREAS, Mr. LaGatta, 57 years old at the time, was
15
operating the motorcycle, and Faith LaGatta was a passenger, and
16
WHEREAS, the Department of Transportation was in the
17
process of roadwork on State Road 24 to repair sinkhole damage,
18
and
19
WHEREAS, the department created a work zone, marking the
20
closed westbound lane with cones, leaving only the eastbound
21
lane open for travel, and
22
WHEREAS, the department’s work zone had flaggers present to
23
direct the flow of traffic, and a flagger directed Mr. LaGatta
24
to proceed eastbound through the work zone, and
25
WHEREAS, an employee of the department was operating a
26
tractor with a box blade attachment in the westbound travel
27
lane, and
28
WHEREAS, the employee backed up into the eastbound travel
29
lane, directly in front of Mr. LaGatta, causing a collision
30
between the tractor’s box blade and Mr. LaGatta’s motorcycle,
31
and
32
WHEREAS, as a result of the accident, Mr. LaGatta sustained
33
severe injuries to his legs which resulted in the amputation of
34
his left leg, and
35
WHEREAS, Mr. LaGatta was hospitalized for several weeks as
36
a result of the accident, underwent seven surgeries and a
37
tracheotomy, and was placed in an induced coma, and
38
WHEREAS, Mr. LaGatta was hospitalized when COVID-19
39
protocols were enforced, and none of his five children were
40
allowed to visit him in the hospital, and
41
WHEREAS, Mr. LaGatta was medically unable to return to his
42
career as a maintenance engineer, and
43
WHEREAS, on February 28, 2023, in resolving the civil
44
action brought in the Circuit Court for the Eighth Judicial
45
Circuit, in and for Levy County, Case No. 38-2021-CA-54, a final
46
judgment was entered in favor of Mr. LaGatta against the
47
Department of Transportation, in the amount of $2.32 million,
48
and
49
WHEREAS, in August 2024, Mr. LaGatta passed away after
50
suffering bodily injury resulting in pain and suffering;
51
disability; disfigurement; mental anguish; lost capacity for the
52
enjoyment of life; the expense of hospitalization and medical
53
and nursing care and treatment; lost earnings; and lost earning
54
capacity following his accident, and
55
WHEREAS, the department paid $120,000 to Mr. LaGatta under
56
s. 768.28, Florida Statutes, before his passing, with the
57
remainder of the judgment now payable to his estate, and
58
WHEREAS, the department has agreed to support this claim
59
bill, NOW, THEREFORE,
61
Be It Enacted by the Legislature of the State of Florida:
63
Section 1. The facts stated in the preamble to this act are
64
found and declared to be true.
65
Section 2. The sum of $2.2 million is appropriated from the
66
General Revenue Fund to the Department of Transportation for the
67
relief of the Estate of Mark LaGatta for injuries and damages
68
sustained by Mr. LaGatta.
69
Section 3. The Chief Financial Officer is directed to draw
70
a warrant in favor of the Estate of Mark LaGatta in the amount
71
of $2.2 million upon funds of the Department of Transportation
72
in the State Treasury and to pay the same out of such funds in
73
the State Treasury.
74
Section 4. The amount paid by the Department of
75
Transportation pursuant to s. 768.28, Florida Statutes, and the
76
amount awarded under this act are intended to provide the sole
77
compensation for all present and future claims arising out of
78
the factual situation described in this act which resulted in
79
injuries and damages to Mark LaGatta. The total amount paid for
80
attorney fees relating to this claim may not exceed 25 percent
81
of the total amount awarded under this act.
82
Section 5. This act shall take effect upon becoming a law.