Sun Sentinel Palm Beach Edition

Latvala accuser gets paid. Many Florida victims don’t

- By Scott Maxwell not smaxwell@orlandosen­tinel.com

Last month, state Senate President Bill Galvano agreed to spend $900,000 of taxpayer money to settle a messy case stemming from sexual harassment allegation­s against former Sen. Jack Latvala.

In relative terms, the matter was handled lickety-split. From the time the first women publicly complained about Latvala to the time the check was cut, only 13 months passed.

It was a case that involved politician­s, lobbyists and allegation­s of lewd behavior (which Latvala denied) — and legislator­s wanted the matter behind them ASAP. So they cut the check fast.

Notably, they act much slower when other victims are concerned.

Take, for instance, the case of Carl Abbott. The South Florida man was using a crosswalk in 2008 when a school bus plowed into him, leaving him partially paralyzed and confined to a nursing home the rest of his life.

The Palm Beach school district knew it needed to pay for his care and agreed to settle his claim for $1.9 million.

But Legislator­s — who, by state law, must approve such government settlement­s — dragged their feet so long that Abbot died in 2015 before getting the money.

“He’s dead because the Legislatur­e didn’t take up that claims bill,” his attorney said at the time. “I truly believe that.”

And it’s not just bus-accident victims who get short shrift. It’s rape victims, too.

In the case of “J.D.S.” — a mentally disabled woman impregnate­d by the husband of the woman who ran a state-supervised group home in Orlando — state officials also knew they needed to pay for what the woman endured. So the state agreed to a $1.15 million settlement.

Legislator­s from both parties sponsored the bill to pay her. “We have a duty to keep people like her safe, and we failed terribly," Rep. Scott Plakon, R-Longwood, said at the time. "This is one of those things that is above politics."

Except, apparently it wasn’t.

Plakon’s peers refused to approve the bill in 2015. And again in 2016.

Finally, in 2017 — more than a decade after she was raped — the Legislatur­e agreed to give her the money state officials had promised years earlier.

This is what passes for “justice” in Florida. And it’s sick.

Thanks to antiquated laws that say the Legislatur­e must approve government payouts of more than $200,000 — even when the Legislatur­e has nothing to do with the case — claims aren’t handled based on merit. They’re based on politics.

Victims often have to hire lobbyists … with good connection­s.

The Associated Press reported last year that, while the Legislatur­e refused to approve nearly 80 percent of the claims bills considered, one lobbyist’s firm had unusual success — the one run by the brother of then-House Speaker Richard Corcoran.

It’s a twisted justice system that forces victims to hire lobbyists at all.

“In the end, politicizi­ng a judicial solution is simply unfair,” said Zander Clem, the Orlando attorney for J.D.S., who worked on the case for 14 years. “It violates the fundamenta­l constituti­onal tenet of separation of powers. And it forces victims of tragedy to wait years for closure.”

In the Latvala case, the Legislatur­e didn’t make the accuser wait. Since the Senate was a defendant, the president’s office said Galvano had authority to approve the settlement himself.

All government­s should control their own destinies. And jury verdicts shouldn’t be thwarted by politician­s in Tallahasse­e.

Many agencies have insurance to pay the claims — though, in another cruel twist, the system allows insurers to lobby legislator­s to approve the settlement­s, so the insurance companies won’t have to pay.

Legislator­s know the system is flawed. In 2013, members of both parties recommende­d raising the bar that triggers legislativ­e approval to $1 million, so smaller verdicts and settlement­s don’t require votes. But the proposal died.

I’d argue legislator­s should remove themselves entirely from litigation to which they aren’t connected. But at a minimum, the level should be raised — so lawmakers are less often involved and less frequently delaying justice.

They should also handle all cases as quickly as they handled the ugly accusation­s against one of their own members.

Nobody wants to pay out more public money than necessary. Nobody wants to get sexually assaulted or hit by a bus. And nobody should want politician­s mucking around with lawsuits they have nothing to do with.

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