HB 0375 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to Indian River County; providing for the
12	relief of Debra Smith, Pamela Hughes, Michael Truitt, and
13	Charles Hughes; authorizing and directing the Indian River
14	County School Board to compensate them for the death of
15	their father, Sammie Lee Hughes, due to the negligence of
16	the school board; providing for payment of attorney's fees
17	and costs; providing an effective date.
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19	WHEREAS, on Monday, January 25, 1999, at approximately 3:30
20	p.m., a school bus driver employed by the Indian River County
21	School District ran a stop sign at the intersection of 45th
22	Street and 66th Avenue and collided with a truck driven by
23	Sammie Lee Hughes, and
24	WHEREAS, the impact sent the truck careening into a
25	drainage ditch, killing Mr. Hughes, and
26	WHEREAS, as a result of this accident, several injured
27	parties filed legal actions, and
28	WHEREAS, Debra Smith and Pamela Hughes, as co-personal
29	representatives of the estate of Sammie Lee Hughes, filed suit
30	in the Circuit Court of the 19th Judicial Circuit in and for
31	Indian River County, Florida (Case Number 99-0656-CA-10), and
32	WHEREAS, in a final judgment dated February 20, 2002, the
33	court awarded the sum of $75,000 to Debra Smith, $75,000 to
34	Pamela Hughes, $75,000 to Michael Truitt, and $100,000 to
35	Charles Hughes, plus costs in the amount of $530.72, for a total
36	sum of $325,530.72, and
37	WHEREAS, in October 2002, Mr. Hughes' children and the
38	Indian River County School Board reached a settlement agreement
39	in the amount of $300,000, and
40	WHEREAS, the maximum amount that may be awarded under
41	section 768.28, Florida Statutes, has already been paid to other
42	plaintiffs for injuries suffered as a result of this incident,
43	and
44	WHEREAS, recovery of amounts set forth in this act may be
45	obtained only through the Legislature's passage of a claim bill
46	awarding such sums, NOW, THEREFORE,
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48	Be It Enacted by the Legislature of the State of Florida:
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50	Section 1. The facts stated in the preamble to this act
51	are found and declared to be true.
52	Section 2. (1) The Indian River County School Board is
53	authorized and directed to compensate Debra Smith, Pamela
54	Hughes, Michael Truitt, and Charles Hughes for the wrongful
55	death of their father, Sammie Lee Hughes, in the total amount of
56	$300,000, which amount includes statutory attorney's fees and
57	costs and shall be paid in three installments in accordance with
58	the release and settlement of the claim, with $150,000 to be
59	paid in July 2003, $75,000 to be paid in July 2004, and $75,000
60	to be paid in July 2005, out of general funds of the School
61	District of Indian River County not otherwise appropriated.
62	Each installment shall be paid by drawing separate warrants
63	payable to Debra Smith, Pamela Hughes, Michael Truitt, and
64	Charles Hughes, respectively, on the basis of Debra Smith
65	receiving 23 percent, Pamela Hughes receiving 23 percent,
66	Michael Truitt receiving 23 percent, and Charles Hughes
67	receiving 31 percent of each installment.
68	(2) Amounts paid for attorney's fees and costs, as limited
69	in accordance with s. 768.28, Florida Statutes, shall be payable
70	from the first payment in a pro rata share of each of the
71	claimants.
72	Section 3. This act shall take effect upon becoming a law.