Senate Bill sb0032

    Florida Senate - 2001        (NP)                        SB 32

    By Senator Rossin





    35-54A-01

  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Kharmilia Ferguson, a minor,

  4         and for the relief of Angela Jones and Raymond

  5         Ferguson, individually and as the natural

  6         parents and guardians of Kharmilia Ferguson;

  7         authorizing and directing the Palm Beach County

  8         Sheriff's Office to compensate them for

  9         injuries they suffered as a result of the

10         negligence of an employee of the sheriff's

11         office; providing an effective date.

12

13         WHEREAS, on August 23, 1996, 16-year-old Kharmilia N.

14  Ferguson was operating a motor vehicle on Gramercy Drive at

15  the intersection of Gramercy Drive and 45th Street in a

16  suburban residential community located within Palm Beach

17  County, and

18         WHEREAS, an off-duty Palm Beach County sheriff's

19  deputy, who was operating a motor vehicle owned by the Palm

20  Beach County Sheriff's Office, approached the intersection at

21  78 mph in a 45-mph speed zone, and the sheriff's vehicle

22  violently struck Kharmilia Ferguson's vehicle, and

23         WHEREAS, as a result of the collision, Kharmilia

24  Ferguson sustained a severe brain injury that resulted in a

25  permanent vegetative state and permanent hospitalization

26  requiring lifetime attendant care, and

27         WHEREAS, in addition to a claim being brought on behalf

28  of Kharmilia Ferguson for her injuries, a claim was brought on

29  behalf of her mother, Angela Jones, and her father, Raymond

30  Ferguson, for past and future medical expenses and other

31  expenses, as well as for the loss of their daughter's

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






    Florida Senate - 2001        (NP)                        SB 32
    35-54A-01




  1  services, comfort, companionship, society, love, affection,

  2  and solace, and

  3         WHEREAS, after protracted litigation relating to this

  4  matter, on February 3, 2000, the parties entered into a

  5  settlement agreement in the amount of $2 million, and

  6         WHEREAS, pursuant to the settlement agreement, the Palm

  7  Beach County Sheriff's Office paid $200,000, which is the

  8  maximum payment allowable under section 768.28, Florida

  9  Statutes, and

10         WHEREAS, the sheriff's office does not oppose or

11  contest a claim bill in the amount of $1.8 million for the

12  remaining amount owed under the settlement agreement, NOW,

13  THEREFORE,

14

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

16

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

18  act are found and declared to be true.

19         Section 2.  The Palm Beach County Sheriff's Office is

20  authorized and directed to compensate Kharmilia Ferguson, a

21  minor, and to compensate Angela Jones and Raymond Ferguson,

22  individually and as the natural parents and guardians of

23  Kharmilia Ferguson, out of funds of the Palm Beach County

24  Sheriff's Office not otherwise appropriated, for injuries and

25  damages they sustained as a result of the negligence of an

26  employee of the sheriff's office.

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

28  law.

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30

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