Senate Bill sb0064c1

    Florida Senate - 2002                             CS for SB 64

    By the Committee on Finance and Taxation; and Senator Klein





    314-2057-02

  1                      A bill to be entitled

  2         An act relating to the City of Delray Beach;

  3         providing for the relief of Jesner Exanor, as

  4         personal representative of the Estate of Nancy

  5         Mervil, on behalf of himself and the two minor

  6         children of his deceased wife, Nancy Mervil;

  7         authorizing and directing the City of Delray

  8         Beach to compensate them for the death of Nancy

  9         Mervil due to the negligence of an employee of

10         the city; providing terms and conditions

11         regarding the payment and use of such

12         compensation; providing an effective date.

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14         WHEREAS, at approximately 9:38 p.m. on July 27, 2000,

15  when she was en route to pick up her minor child, Taisha,

16  Nancy Mervil was stopped at the intersection of Linton

17  Boulevard and Catherine Drive in Delray Beach, waiting to turn

18  left, and

19         WHEREAS, an on-duty police officer employed by the City

20  of Delray Beach, while responding to a call regarding a

21  domestic disturbance, was traveling eastbound in the outside

22  lane of Linton Boulevard, and

23         WHEREAS, the officer had turned on his vehicle's

24  emergency lights, but failed to turn on his sirens and, while

25  driving his vehicle at a speed of between 85 and 90 mph in a

26  45-mph zone, lost control of his vehicle, struck the rear of

27  Nancy Mervil's vehicle, and caused her vehicle to roll over,

28  become airborne, and crash into the hood of another vehicle,

29  and

30         WHEREAS, Nancy Mervil was killed in the accident, and

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    Florida Senate - 2002                             CS for SB 64
    314-2057-02




  1         WHEREAS, at the time of her death, Nancy Mervil was 24

  2  years old, was married to Jesner Exanor, and was the mother of

  3  two minor children, Taisha Exanor, born December 2, 1999, and

  4  Orlens Poulard, born November 2, 1993, and

  5         WHEREAS, according to the investigative homicide report

  6  completed by a law enforcement investigator with the Florida

  7  Highway Patrol, the officer who was involved in the accident

  8  violated s. 316.072(5)(c), Florida Statutes, by failing to

  9  drive with due regard for the safety of others, and

10         WHEREAS, the investigation also suggested that the City

11  of Delray Beach had failed to properly maintain the police

12  officer's vehicle at the time of the collision in question,

13  thereby contributing to this unfortunate accident, and

14         WHEREAS, Jesner Exanor, individually, on behalf of the

15  two minor children, and as personal representative of his

16  wife's estate, filed suit against the City of Delray Beach,

17  and

18         WHEREAS, in its answer to the complaint, the city

19  admitted that the police officer negligently caused Nancy

20  Mervil's death, and

21         WHEREAS, the economic damages in this case are

22  substantial, having been assessed at $823,000, based on the

23  assumption that Nancy Mervil would have been employed as a

24  home health aide, and, alternatively, having been assessed at

25  $1,101,000, based on the assumption that she would have

26  completed training as a nursing assistant and would have been

27  employed as a nursing assistant, as she had planned, and

28         WHEREAS, subsequent to the filing of the complaint in

29  this matter, the parties agreed to and conducted a mediation

30  that resulted in an agreement to settle with the City of

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    Florida Senate - 2002                             CS for SB 64
    314-2057-02




  1  Delray Beach for a cash payment of $195,000 plus $1,305,000,

  2  part of which would be used to purchase annuities, and

  3         WHEREAS, the City of Delray Beach has made the cash

  4  payment of $195,000 in accordance with the terms of the

  5  settlement agreement, and

  6         WHEREAS, it has been stated that 40 percent of the

  7  settlement proceeds will be distributed to Jesner Exanor and

  8  30 percent to each minor child, with other terms of the

  9  annuities to be determined at the time of passage of a claim

10  bill allowing the city to reimburse the claimants in an amount

11  greater than that allowed by section 768.28, Florida Statutes,

12  NOW, THEREFORE,

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

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

17  act are found and declared to be true.

18         Section 2.  The City of Delray Beach is authorized and

19  directed to appropriate from funds of the city not otherwise

20  appropriated and to draw warrants in the total amount of

21  $1,305,000 payable to Jesner Exanor individually, to Jesner

22  Exanor as legal guardian of minor child Taisha Exanor, and to

23  Gertha Desir as legal guardian of minor child Orlens Poulard,

24  in the ratios of 40 percent, 30 percent, and 30 percent

25  respectively, as compensation for the death of Nancy Mervil,

26  wife of Jesner Exanor and mother of the minor children, due to

27  the negligence of an employee of the City of Delray Beach.

28  After payment of statutory attorney's fees and costs and

29  authorized expenses, the proceeds recovered under this act

30  shall be used to purchase appropriate structured settlement

31  annuities for the benefit of Jesner Exanor and the minor

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    Florida Senate - 2002                             CS for SB 64
    314-2057-02




  1  children, Taisha Exanor and Orlens Poulard. Appropriate

  2  structured settlement annuities for the benefit of the minor

  3  children must be purchased no later than January 1, 2003.

  4  Amounts payable under this act on behalf of a minor child, as

  5  well as proceeds from appropriate structured settlement

  6  annuities purchased under this act on behalf of a minor child

  7  which are paid while the child is a minor, must be placed in

  8  the guardianship account of the minor child, to be expended

  9  under supervision of the circuit court as long as the child is

10  a minor.

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

12  law.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                              SB 64

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17  This committee substitute provides authority for the payment
    of the balance of the settlement amount ($1,305,000), and
18  reflects the ratios for which the claimant sought court
    approval (40 percent to Mr. Exanor and 30 percent on behalf of
19  each of the children). It also corrects errors in the claim
    bill relating to the facts (e.g., suggesting that Mr. Exanor
20  is the father of both minor children) and conclusions of this
    case. The committee substitute specifies a deadline for the
21  purchase of annuities benefiting the children, and specifies
    that funds on behalf of the children be paid into the
22  guardianship accounts and be expended under supervision of the
    circuit court.
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