Senate Bill 0028

    Florida Senate - 2000        (NP)                        SB 28

    By Senator Geller





    29-65A-00

  1                      A bill to be entitled

  2         An act relating to the City of Fort Lauderdale;

  3         providing for the relief of Earl Spencer;

  4         authorizing and directing the City of Fort

  5         Lauderdale to compensate him for personal

  6         injuries suffered due to the negligence of the

  7         city; providing an effective date.

  8

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

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

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

12  automobile accident with an unmarked police vehicle owned by

13  the City of Fort Lauderdale and operated by an undercover

14  officer for the city, and

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

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

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

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

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

20         WHEREAS, the city's own internal investigation revealed

21  that the detective driving the city-owned vehicle was

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

23  and that the accident never would have occurred if the

24  detective had been traveling within the posted speed limit,

25  and

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

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

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

29  unable to care for himself in any way, and

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

31  various hospitals and rehabilitation facilities, and has been

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






    Florida Senate - 2000        (NP)                        SB 28
    29-65A-00




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

  2  14, 1997, and

  3         WHEREAS, the law firm representing Mr. Spencer has

  4  settled the case with the City of Fort Lauderdale for a total

  5  of $800,000, of which the city has paid $200,000, leaving a

  6  balance of $600,000 remaining, NOW, THEREFORE,

  7

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

  9

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

11  act are found and declared to be true.

12         Section 2.  The City of Fort Lauderdale is authorized

13  and directed to compensate Earl Spencer in the amount of

14  $600,000 out of funds of the city not otherwise appropriated

15  for injuries and damages sustained as a result of the

16  negligence of the city.

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

18  law.

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