Senate Bill sb0034

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 34

    By Senator Posey





    24-28-03

  1                      A bill to be entitled

  2         An act relating to Brevard County; providing

  3         for the relief of Howard S. Evarts and his

  4         wife, Donna Evarts; authorizing and directing

  5         the Brevard County Board of County

  6         Commissioners to compensate Mr. and Mrs. Evarts

  7         for personal injuries suffered by Mr. Evarts in

  8         an automobile accident caused by an employee of

  9         Brevard County; providing an effective date.

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11         WHEREAS, on June 18, 1998, Howard S. Evarts was the

12  driver of a vehicle that was struck from the rear by a

13  passenger bus moving at approximately 45 miles per hour which

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

15  and

16         WHEREAS, the vehicle in which Mr. Evarts was traveling

17  was appropriately stopped in the lane of travel waiting to

18  make a left-hand turn, and

19         WHEREAS, at the time of the accident, Mr. Evarts was an

20  independent contractor and was without personal resources for

21  medical insurance, other than nominal personal injury

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

23  a result of the accident, and

24         WHEREAS, Mr. Evarts suffered injuries to his cervical

25  spine, his thoracic spine, and his lumbar spine, and

26         WHEREAS, it is anticipated that Mr. Evarts will require

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

28  order to continue to support himself and his wife, and

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

30  entered following Mr. Evarts and Brevard County entering into

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 34
    24-28-03




 1  a stipulated judgment in Case Number

 2  05-1999-CA-025509-XXXX-XX, in the amount of $125,000, and

 3         WHEREAS, Mr. Evarts is one of five persons who have

 4  made claims relating to this accident, and

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

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

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

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

 9  $98,590 remaining to divide between Mr. and Mrs. Evarts and

10  another plaintiff in the case, Mr. Alan S. Hammer, and

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

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

13         WHEREAS, Mr. Evarts received $49,295 out of the portion

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

15  on waivers of sovereign immunity, and

16         WHEREAS, Mr. Evarts received the net amount of

17  $18,658.87 from the $49,295 after payment of costs, medical

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

19         WHEREAS, the Brevard County Board of County

20  Commissioners agree that the damages sustained by Mr. Evarts

21  exceed the portion that remains from the amount constituting

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

23  and

24         WHEREAS, the Brevard County Board of County

25  Commissioners and Mr. Evarts agreed that Mr. Evarts would seek

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

27  stipulated judgment, and $49,295, the amount Mr. Evarts

28  actually received, through a claim bill, and

29         WHEREAS, the Brevard County Board of County

30  Commissioners has agreed that it would not oppose passage of

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

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 34
    24-28-03




 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 Brevard County Board of County

 6  Commissioners is authorized and directed to appropriate from

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

 8  warrant in the amount of $75,705, payable to Howard S. Evarts

 9  and his wife, Donna Evarts, to compensate him for personal

10  injuries and damages suffered in the accident that occurred on

11  June 18, 1998.

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

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