House Bill hb0739

    Florida House of Representatives - 2001                 HB 739

        By Representative Brown






  1                      A bill to be entitled

  2         An act for the relief of Billie Jo McIntire;

  3         providing an appropriation to compensate Billie

  4         Jo McIntire, as surviving spouse and Personal

  5         Representative of the Estate of Jeffrey Scott

  6         McIntire, deceased, and Sarah Ellen Megan

  7         McIntire and Christian Jeffrey Taylor McIntire,

  8         surviving minor children of Jeffrey Scott

  9         McIntire, deceased, for the wrongful death of

10         their husband and father, Jeffrey Scott

11         McIntire, as a result of the negligence of the

12         Florida Department of Transportation; providing

13         an effective date.

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15         WHEREAS, on July 17, 1997, Jeffrey McIntire, a

16  Crestview police officer, husband of Billie Jo McIntire, and

17  father of Sarah McIntire, a minor 18 months of age at the

18  time, was traveling home to his family on State Road 10

19  (Highway 90) in Okaloosa County, Florida, and

20         WHEREAS, on July 17, 1997, Jeffrey McIntire and his

21  wife, Billie Jo McIntire, were awaiting the birth of their son

22  Christian McIntire, and

23         WHEREAS, on July 17, 1997, an employee of the Florida

24  Department of Transportation, while operating a departmental

25  vehicle and in performance of his duties with the Department

26  of Transportation, was traveling on State Road 10 (Highway 90)

27  at Mosseyhead, in Okaloosa County, Florida, and

28         WHEREAS, it was raining on the afternoon of July 17,

29  1997, and the dangerous roadway, bald tires, and high speeds

30  caused the departmental employee to violently project his

31  vehicle over the center line of the roadway and into the path

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    Florida House of Representatives - 2001                 HB 739

    754-108-01






  1  of Jeffrey McIntire, resulting in a severe crash in which

  2  Jeffrey McIntire was killed, and

  3         WHEREAS, the Department of Transportation had a

  4  responsibility at that time to maintain Highway 90 and to

  5  safely maintain the vehicles operated by its employees on

  6  public highways, and

  7         WHEREAS, the employee operating the Department of

  8  Transportation vehicle was responsible for inspecting Highway

  9  90 and other adjacent roadways to determine whether safety

10  hazards existed or repairs were required, and

11         WHEREAS, litigation was filed in Okaloosa County for

12  the wrongful death of Jeffrey McIntire, and claims were

13  asserted on behalf of Billie Jo McIntire, Sarah McIntire, and

14  Christian McIntire, and

15         WHEREAS, before trial, the parties agreed to a

16  stipulated settlement of $1,200,000, $200,000 of which has

17  been paid and the $1,000,000 balance is to be pursued through

18  the filing of a claim bill, and

19         WHEREAS, the terms of the settlement agreement

20  stipulate that any sums recovered through the passage of a

21  claim bill shall be apportioned equally between Billie Jo

22  McIntire, as surviving spouse and Personal Representative of

23  the Estate of Jeffrey Scott McIntire, deceased, Sarah Ellen

24  Megan McIntire, surviving minor child of Jeffrey Scott

25  McIntire, deceased, and Christian Jeffrey Taylor McIntire,

26  surviving minor child of Jeffrey Scott McIntire, deceased,

27  with each person receiving one-third of the resulting balance

28  after payment of fees, costs, and expenses, and

29         WHEREAS, the Department of Transportation affirmatively

30  supports a claim bill in the amount of $1,000,000, NOW,

31  THEREFORE,

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    Florida House of Representatives - 2001                 HB 739

    754-108-01






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

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

  4  act are found and declared to be true.

  5         Section 2.  The sum of $1,000,000 is appropriated out

  6  of funds in the State Treasury to the credit of the Department

  7  of Transportation and not otherwise appropriated to be paid to

  8  Billie Jo McIntire, as surviving spouse and Personal

  9  Representative of the Estate of Jeffrey Scott McIntire,

10  deceased, and as surviving parent and legal guardian of Sarah

11  Ellen Megan McIntire, surviving minor child of Jeffrey Scott

12  McIntire, deceased, and Christian Jeffrey Taylor McIntire,

13  surviving minor child of Jeffrey Scott McIntire, deceased, as

14  relief for the wrongful death of Jeffrey Scott McIntire.

15  After payment of fees, costs, and authorized expenses, the

16  proceeds recovered through the passage of this act shall be

17  apportioned equally between Billie Jo McIntire, surviving

18  spouse of Jeffrey Scott McIntire, deceased, Sarah Ellen Megan

19  McIntire, surviving minor child of Jeffrey Scott McIntire,

20  deceased, and Christian Jeffrey Taylor McIntire, surviving

21  minor child of Jeffrey Scott McIntire, deceased, pursuant to

22  the terms of the stipulated settlement agreement.

23         Section 3.  The Comptroller is directed to draw a

24  warrant in favor of Billie Jo McIntire, as surviving spouse

25  and Personal Representative of the Estate of Jeffrey Scott

26  McIntire, deceased, and as surviving parent and legal guardian

27  of Sarah Ellen Megan McIntire, surviving minor child of

28  Jeffrey Scott McIntire, deceased, and of Christian Jeffrey

29  Taylor McIntire, surviving minor child of Jeffrey Scott

30  McIntire, deceased, in the sum of $1,000,000 upon funds in the

31  State Treasury to the credit of the Department of

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    Florida House of Representatives - 2001                 HB 739

    754-108-01






  1  Transportation and the State Treasurer is directed to pay the

  2  same out of such funds in the State Treasury not otherwise

  3  appropriated.

  4         Section 4.  This act shall take effect upon becoming a

  5  law.

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  7            *****************************************

  8                       LEGISLATIVE SUMMARY

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      Provides a $1,000,000 appropriation for the relief of
10    Billie Jo McIntire, as surviving spouse and Personal
      Representative of the Estate of Jeffrey Scott McIntire,
11    deceased, and Sarah Ellen Megan McIntire and Christian
      Jeffrey Taylor McIntire, surviving minor children of
12    Jeffrey Scott McIntire, deceased, for the wrongful death
      of their husband and father, Jeffrey Scott McIntire, as a
13    result of the negligence of the Florida Department of
      Transportation.
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