House Bill 2277

    Florida House of Representatives - 2000                HB 2277

        By the Committee on Claims and Representatives Cantens,
    Morroni and Hill





  1                      A bill to be entitled

  2         An act relating to the City of Fort Lauderdale;

  3         providing for the relief of Earl Spencer and

  4         his children, Sheryl Spencer, Zico Spencer,

  5         Kimberly Spencer, Djaniela Spencer, and Jamaria

  6         Spencer; providing for an appropriation to

  7         compensate them for personal injuries suffered

  8         due to the negligence of the City of Fort

  9         Lauderdale; providing an effective date.

10

11         WHEREAS, on March 19, 1996, while on his way home from

12  visiting his sister at a hospital, Earl Spencer, a 35-year-old

13  husband and father of five children, was involved in an

14  automobile accident with an unmarked police vehicle owned by

15  the City of Fort Lauderdale and operated by an undercover

16  officer for the city, and

17         WHEREAS, Mr. Spencer was attempting to make a left-hand

18  turn onto N.W. 26th Street from N.W. 31st Avenue in Lauderdale

19  Lakes, Florida, when the city detective, who was on his way to

20  an off-duty detail and was traveling well in excess of the

21  posted speed limit, collided with Mr. Spencer's vehicle, and

22         WHEREAS, the city's own internal investigation revealed

23  that the detective driving the city-owned vehicle was

24  traveling at an estimated speed of 56-67 mph in a 45-mph zone

25  and that the accident never would have occurred if the

26  detective had been traveling within the posted speed limit,

27  and

28         WHEREAS, as a direct result of the accident, Earl

29  Spencer suffered a massive brain injury, which has left him in

30  a permanent vegetative state, confined to a wheelchair, and

31  unable to care for himself in any way, and

                                  1

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






    Florida House of Representatives - 2000                HB 2277

    176-148A-00






  1         WHEREAS, since the accident, Mr. Spencer has resided in

  2  various hospitals and rehabilitation facilities, and has been

  3  residing in St. John's rehabilitation facility since February

  4  14, 1997, and

  5         WHEREAS, the case with the City of Fort Lauderdale has

  6  been settled for a total of $800,000, of which the city has

  7  paid $200,000, leaving a balance of $600,000 remaining, NOW,

  8  THEREFORE,

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  The facts stated in the preamble to this

13  act are found and declared to be true.

14         Section 2.  The City of Fort Lauderdale is authorized

15  and directed to appropriate from funds of the city not

16  otherwise appropriated and to draw warrants totaling $600,000

17  as compensation for injuries and damages sustained by Earl

18  Spencer and his children, Sheryl Spencer, Zico Spencer,

19  Kimberly Spencer, Djaniela Spencer, and Jamaria Spencer.  The

20  funds shall be disbursed to Earl Spencer's Special Needs

21  Trust; to his adult daughter, Sheryl Spencer; and to the

22  guardianship accounts for his minor children, Zico Spencer,

23  Kimberly Spencer, Djaniela Spencer, and Jamaria Spencer

24  pursuant to the terms of the Order on Plaintiff's Motion to

25  Approve Settlement signed by Judge Mark Speiser on January 13,

26  1999.

27         Section 3.  This act shall take effect upon becoming a

28  law.

29

30

31

                                  2