Senate Bill sb0014er

    ENROLLED

    2002 Legislature                                  CS for SB 14



  1

  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 had rained recently and the roadway was

29  wet, which caused the department's employee to negligently

30  lose control of his vehicle and cross the center line into the

31  path of Jeffrey McIntire's vehicle, and


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




    ENROLLED

    2002 Legislature                                  CS for SB 14



  1         WHEREAS, a severe crash ensued, and Mr. McIntire died

  2  at the scene, and

  3         WHEREAS, the Department of Transportation is

  4  responsible for the negligent conduct of its employee, and

  5         WHEREAS, litigation was filed in Okaloosa County for

  6  the wrongful death of Jeffrey McIntire, and claims were

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

  8  Christian McIntire, and

  9         WHEREAS, before trial, the parties agreed to a

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

11  been paid, and the $1 million balance is to be pursued through

12  the filing of a claim bill, and

13         WHEREAS, the terms of the settlement agreement

14  stipulate that any sums recovered through the passage of a

15  claim bill shall be apportioned equally between Billie Jo

16  McIntire, as surviving spouse and Personal Representative of

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

18  Megan McIntire, surviving minor child of Jeffrey Scott

19  McIntire, deceased, and Christian Jeffrey Taylor McIntire,

20  surviving minor child of Jeffrey Scott McIntire, deceased,

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

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

23         WHEREAS, the Department of Transportation affirmatively

24  supports a claim bill in the amount of $1 million, NOW,

25  THEREFORE,

26

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

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

30  act are found and declared to be true.

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    ENROLLED

    2002 Legislature                                  CS for SB 14



  1         Section 2.  The Executive Office of the Governor is

  2  directed to establish spending authority from unappropriated

  3  trust fund balances in the Department of Transportation in the

  4  amount of $1 million to a new category titled "Relief: Billie

  5  Jo McIntire" as relief for injuries and damages sustained.

  6  After payment of statutory attorney's fees, costs, and

  7  authorized expenses, the proceeds recovered through the

  8  passage of this act shall be apportioned equally between

  9  Billie Jo McIntire, surviving spouse of Jeffrey Scott

10  McIntire, deceased, Sarah Ellen Megan McIntire, surviving

11  minor child of Jeffrey Scott McIntire, deceased, and Christian

12  Jeffrey Taylor McIntire, surviving minor child of Jeffrey

13  Scott McIntire, deceased, pursuant to the terms of the

14  stipulated settlement agreement.

15         Section 3.  The Comptroller is directed to draw his

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

17  and Personal Representative of the Estate of Jeffrey Scott

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

19  of Sarah Ellen Megan McIntire, surviving minor child of

20  Jeffrey Scott McIntire, deceased, and of Christian Jeffrey

21  Taylor McIntire, surviving minor child of Jeffrey Scott

22  McIntire, deceased, in the sum of $1 million upon funds of the

23  Department of Transportation in the State Treasury, and the

24  State Treasurer is directed to pay the same out of such funds

25  in the State Treasury.

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

27  law.

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