HB 855

1
A bill to be entitled
2An act for the relief of Carl Abbott by the Palm Beach
3County School Board; providing for an appropriation to
4compensate Carl Abbott for injuries sustained as a
5result of the negligence of the Palm Beach County
6School District; providing a limitation on the payment
7of fees and costs; providing an effective date.
8
9     WHEREAS, on June 30, 2008, 67-year-old Carl Abbott was
10struck by a school bus driven by an employee of the Palm Beach
11County School District while Mr. Abbott was crossing the street
12in a designated crosswalk at the intersection of South Anchorage
13Drive and U.S. 1 in Palm Beach County, and
14     WHEREAS, as a result of the accident, Carl Abbott suffered
15a closed-head injury, traumatic brain injury, subdural hematoma,
16and subarachnoid hemorrhage, and
17     WHEREAS, as a result of his injuries, Carl Abbott must now
18reside in a nursing home, suffers from loss of cognitive
19function, right-sided paralysis, immobility, urinary
20incontinence, bowel incontinence, delirium, and an inability to
21speak, and must obtain nutrition through a feeding tube, and
22     WHEREAS, the Palm Beach County School Board unanimously
23passed a resolution in support of settling the lawsuit that was
24filed in this case, tendered payment of $100,000 to Carl Abbott,
25in accordance with the statutory limits of liability set forth
26in s. 768.28, Florida Statutes, and does not oppose the passage
27of this claim bill in favor of Carl Abbott in the amount of
28$1,900,000, as structured, NOW, THEREFORE,
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  The facts stated in the preamble to this act
33are found and declared to be true.
34     Section 2.  The Palm Beach County School Board is
35authorized and directed to appropriate from funds of the school
36board not otherwise appropriated and to draw warrants in the
37amount of $211,111.11 each fiscal year beginning in 2012 through
382019, inclusive, and $211,111.12 in the 2020 fiscal year for a
39total of $1,900,000, payable to David Abbott, guardian of Carl
40Abbott, as compensation for injuries and damages sustained as a
41result of the negligence of an employee of the Palm Beach County
42School District. The payments shall cease upon the death of Carl
43Abbott if he dies prior to the last payment being made. However,
44David Abbott, as guardian of Carl Abbott, shall be guaranteed a
45minimum payment amount of $633,333.33 if Carl Abbott dies within
463 years after the effective date of this act. The amount
47represents three annual payments and shall be payable on the
48annual due dates.
49     Section 3.  The amount paid by the Palm Beach County School
50Board pursuant to s. 768.28, Florida Statutes, and this award
51are intended to provide the sole compensation for all present
52and future claims against the Palm Beach County School District
53arising out of the factual situation that resulted in the
54injuries to Carl Abbott as described in this act. The total
55amount paid for attorney's fees, lobbying fees, costs, and other
56similar expenses relating to this claim may not exceed 25
57percent of the total amount awarded under this act.
58     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.