Senate Bill sb0026

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 26

    By Senator Posey





    24-29-03

  1                      A bill to be entitled

  2         An act relating to Brevard County; providing

  3         for the relief of Alan S. Hammer; authorizing

  4         and directing the Brevard County Board of

  5         County Commissioners to compensate Mr. Hammer

  6         for personal injuries suffered in an automobile

  7         accident caused by an employee of Brevard

  8         County; providing an effective date.

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10         WHEREAS, on June 18, 1998, Alan S. Hammer was a

11  passenger in a vehicle that was struck from the rear by a

12  passenger bus moving at approximately 45 miles per hour which

13  was owned by the Brevard County Board of County Commissioners,

14  and

15         WHEREAS, the vehicle in which Mr. Hammer was traveling

16  was appropriately stopped in the lane of travel waiting to

17  make a left-hand turn, and

18         WHEREAS, Mr. Hammer was ejected from the vehicle in

19  which he was traveling as a result of the impact of the

20  collision, and

21         WHEREAS, at the time of the accident, Mr. Hammer was an

22  independent contractor and was without personal resources for

23  medical insurance, other than nominal personal injury

24  protection, to adequately care for the injuries he suffered as

25  a result of the accident, and

26         WHEREAS, Mr. Hammer suffered injuries to his cervical

27  spine, his thoracic spine, and his lumbar spine, and

28         WHEREAS, it is anticipated that Mr. Hammer will require

29  surgery in the future and will need to change his vocation in

30  order to continue to support himself, and

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






    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 26
    24-29-03




 1         WHEREAS, on November 30, 2000, a consent judgment was

 2  entered following Mr. Hammer and Brevard County entering into

 3  a stipulated judgment in Case Number

 4  05-1999-CA-025510-XXXX-XX, in the amount of $125,000, and

 5         WHEREAS, Mr. Hammer is one of five persons who have

 6  made claims relating to this accident, and

 7         WHEREAS, Brevard County has expended $101,410 in the

 8  settlement of the case of Porter v. Brevard County, a case

 9  arising out of the same accident, has paid other expenses for

10  property damage resulting from the same accident, and has only

11  $98,590 remaining to divide between Mr. Hammer and other

12  plaintiffs in the case, Mr. Howard S. Evarts and his wife,

13  Mrs. Donna Evarts, and

14         WHEREAS, Mr. Hammer and Mr. Evarts agreed to divide the

15  remaining amount of $98,590 between themselves, and

16         WHEREAS, Mr. Hammer received $49,295 out of the portion

17  remaining from $200,000, which is the county's statutory limit

18  on waivers of sovereign immunity, and

19         WHEREAS, Mr. Hammer received the net amount of

20  $18,658.87 from the $49,295 after payment of costs, medical

21  and hospital expenses, and attorney's fees, and

22         WHEREAS, the Brevard County Board of County

23  Commissioners agree that the damages sustained by Mr. Hammer

24  exceed the portion that remains from the amount constituting

25  the county's statutory limit on waivers of sovereign immunity,

26  and

27         WHEREAS, the Brevard County Board of County

28  Commissioners and Mr. Hammer agreed that Mr. Hammer would seek

29  to recover the difference between $125,000, the amount of the

30  stipulated judgment, and $49,295, the amount Mr. Hammer

31  actually received, through a claim bill, and

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 26
    24-29-03




 1         WHEREAS, the Brevard County Board of County

 2  Commissioners has agreed that it would not oppose passage of

 3  the claim bill and would support such a bill, NOW, THEREFORE,

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

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

 8  act are found and declared to be true.

 9         Section 2.  The Brevard County Board of County

10  Commissioners is authorized and directed to appropriate from

11  funds of the county not otherwise appropriated and to draw a

12  warrant in the amount of $75,705, payable to Alan S. Hammer to

13  compensate him for personal injuries and damages suffered in

14  the accident that occurred on June 18, 1998.

15         Section 3.  This act shall take effect July 1, 2003.

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