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The state owes them money, and legislators can choose not to pay

When legal claims against the state exceed $200,000, lawmakers have to okay the payment. But since 2001, they almost never do. They don't even talk about it.

By TAMARA LUSH
Published April 22, 2006

Sherri Aversa was 32 and on her way to visit her parents in Brandon when she was killed in a chain-reaction crash on I-75 in Brandon seven years ago.

It wasn't her fault: Aversa's car was hit by another driver who swerved to avoid a ladder that flew out the back of a Department of Transportation truck.

As legal claims go, it was a simple case.

The DOT acknowledged responsibility and settled with Aversa's husband for $700,000. The agency offered to pay the settlement out of its budget, saying the money would have no impact on upcoming projects.

But the Florida Legislature won't let the DOT pay for its mistake.

Under state law, only lawmakers have the authority to pay claims against the state over $200,000 - and so far this year, the Legislature hasn't even considered any of the 25 so-called claims bills.

"I can't help but see it as the all-powerful government thumbing its nose at the concerns of the average citizen," said Aversa's husband, Lee Crandall of Miami. Aversa was an accomplished AIDS researcher at the University of Miami who worked to stop the spread of the disease among farmworkers in South Florida.

"From my point of view, politicians are placing too little value on the life of my late wife," he said. "But it's probably really about a stand-off between trial lawyers and the Republican Party."

Crandall may be right.

Republican leaders in the House and Senate say they are reluctant to hear such bills because they say they don't want the settlement money to line the pockets of lawyers and lobbyists.

House Speaker Allan Bense, R-Panama City, said he remains troubled by the Legislature's history of approving some claims and rejecting others based in part on the clout wielded by individual lobbyists, who usually are hired by personal injury lawyers representing accident victims.

"I don't think that's the nicest process there is around here," Bense said. "The problem is, I haven't found a better process."

The list of the proposed claims bills read like a who's who of tragic news stories from around the state. In every case, a judge or jury has ruled in the victims' favor or the local municipality or state agency has agreed to settle the claim - yet the Legislature refuses to approve any financial compensation.

With two weeks left in the legislative session, insiders worry that despite a $4-billion budget surplus, none of the 25 claims victims will receive a dime.

"This is a tragedy and it's a miscarriage of justice," said Sen. Walter "Skip" Campbell, D-Fort Lauderdale. "These victims have been mishandled by the government which caused significant and severe injuries and they've been mishandled on the back end when the Legislature doesn't want to pay."

Bense denied that the claims bills are dead for this year and said he would consult with Senate President Tom Lee, R-Valrico, before deciding his course of action in the session's final two weeks,.

"It's not over yet," Bense said.

There was a time that nearly every claims bill that was filed would pass. Yet since 2001, only one claims bill has been paid: $2-million went to Wilton Dedge, who was falsely imprisoned for 22 years. That passed during a special session of the Legislature.

Lawmakers have ignored the rest, including:

Minouche Noel, a 17-year-old Fort Lauderdale girl who was left paralyzed and wheelchair-dependent after a botched surgery at a public hospital. She was awarded $8.5-million by a judge.

Laura Leporte of Indian River County, who was hit by a drug-using grove inspector for the Florida Department of Agriculture and suffered serious injuries. A jury and judge decided she should receive $5.5-million for her pain and suffering.

Devaughn Darling, an 18-year-old Florida State freshman who died from dehydration during football practice because trainers did not provide water or rest. That case was settled for $1.8-million.

Lee acknowledged that lawmakers are wrestling with what, if any, claims to pay.

"We are having a difficult time coming to an agreement on which bills would be heard and the process through which they would be heard," he said. "As (empathetic) as I am toward the victims of these negligent acts, we have a claims system that is both elitist and it is overly political."

Lee says that some past claims bills have been passed only because of the "political might" of the bill's sponsor and a tight relationship between a victim's lawyer and a lobbyist.

"That's just no way to run a railroad," Lee said.

Victims and their families are frustrated by the lack of action in the Legislature.

Many spend years in court and once they win or settle the case, hire lobbyists to advocate for them in Tallahassee. Each claims bill goes through further review by a special master, who reviews the details of the case and hears testimony just like a judge. After that review, the bills are scrutinized by committee members in both houses; however, Senate and House leadership determine whether the bill is heard by the full chamber.

Bense said the "horrible" circumstances in many claims cases "breaks your heart," but he hasn't found a way to judge which ones should receive a priority.

"How do you choose one over the other? It's hard," Bense said.

The mother of one victim blames the entire situation on Lee.

"He must have some personal agenda, what else does he have to gain?" asked Wendy Smith, the mother of Devaughn Darling, who died five years ago on the practice field at FSU.

"The sad thing about it is the money is there, but because (Lee) has the power, he's holding everybody hostage. He is oppressing families that have already been through so much."

Personal injury lawyers deny that they - or the lobbyists - get a large chunk of the money. Unlike regular personal injury claims, where lawyers can claim up to 40 percent of a settlement, the fees for lawyers and lobbyists on a claims bill can not exceed 25 percent of the settlement.

"I don't think these issues are Democrat vs. Republican issues," said David Carter, a Vero Beach lawyer who represents Laura Leporte. "I'm a registered Republican, but the leadership and the Republican principles just have not seemed to apply to this process. We talk about personal responsibility except when it comes to the government devastating someone's life."

Crandall said if his late wife's claim is ever approved by the Legislature and signed by the governor, he will put much of the money toward scholarships for AIDS researchers, so Aversa's passion can be continued by others.

"Hope springs eternal, but I'm not real optimistic," said Crandall.

[Last modified April 22, 2006, 19:01:02]