HB 0797 2003
1	A bill to be entitled
2	An act relating to Brevard County; providing for the
3	relief of Alan S. Hammer; authorizing and directing the
4	Brevard County Board of County Commissioners to compensate
5	him for personal injuries suffered in an automobile
6	accident caused by an employee of Brevard County;
7	providing an effective date.
8
9	WHEREAS, on June 18, 1998, Alan S. Hammer was a passenger
10	in a vehicle that was struck from the rear by a passenger bus
11	moving at approximately 45 miles per hour which was owned by the
12	Brevard County Board of County Commissioners, and
13	WHEREAS, the vehicle in which Alan S. Hammer was traveling
14	was appropriately stopped in the lane of travel waiting to make
15	a left-hand turn, and
16	WHEREAS, Alan S. Hammer was ejected from the vehicle in
17	which he was traveling as a result of the impact of the
18	collision, and
19	WHEREAS, at the time of the accident, Alan S. Hammer 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 a
23	result of the accident, and
24	WHEREAS, Alan S. Hammer suffered injuries to his cervical
25	spine, his thoracic spine, and his lumbar spine, and
26	WHEREAS, it is anticipated that Alan S. Hammer will require
27	surgery in the future and will need to change his vocation in
28	order to continue to support himself, and
29	WHEREAS, on November 30, 2000, a consent judgment was
30	entered following Alan S. Hammer and Brevard County entering
31	into a stipulated judgment in Case Number 05-1999-CA-025510-
32	XXXX-XX, in the amount of $125,000, and
33	WHEREAS, Alan S. Hammer is one of five persons who have
34	made claims relating to this accident, and
35	WHEREAS, Brevard County has expended $101,410 in the
36	settlement of the case of Porter v. Brevard County, a case
37	arising out of the same accident, has paid other expenses for
38	property damage resulting from the same accident, and has only
39	$98,590 remaining to divide between Alan S. Hammer and other
40	plaintiffs in the case, Howard S. Evarts and his wife, Donna
41	Evarts, and
42	WHEREAS, Alan S. Hammer and Howard S. Evarts agreed to
43	divide the remaining amount of $98,590 between themselves, and
44	WHEREAS, Alan S. Hammer received $49,295 out of the portion
45	remaining from the $200,000 amount that is the county's
46	statutory limit of liability pursuant to s. 768.28, Florida
47	Statutes, and
48	WHEREAS, from the payment of $49,295, Alan S. Hammer
49	received the net amount of $18,658.87 after payment of costs,
50	medical and hospital expenses, and attorney's fees, and
51	WHEREAS, the Brevard County Board of County Commissioners
52	agrees that the damages sustained by Alan S. Hammer exceed the
53	portion that remains from the amount constituting the county's
54	statutory limits of liability under s. 768.28, Florida Statutes,
55	and
56	WHEREAS, the Brevard County Board of County Commissioners
57	and Alan S. Hammer agreed that Mr. Hammer would seek to recover
58	the difference between $125,000, the amount of the stipulated
59	judgment, and $49,295, the amount Mr. Hammer actually received,
60	through a claim bill, and
61	WHEREAS, the Brevard County Board of County Commissioners
62	has agreed that it would not oppose passage of the claim bill
63	and would support such a bill, NOW, THEREFORE,
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1. The facts stated in the preamble to this act
68	are found and declared to be true.
69	Section 2. The Brevard County Board of County
70	Commissioners is authorized and directed to appropriate from
71	funds of the county not otherwise appropriated and to draw a
72	warrant in the amount of $75,705, payable to Alan S. Hammer to
73	compensate him for personal injuries and damages suffered as a
74	result of the negligence of Brevard County.
75	Section 3. This act shall take effect July 1, 2003.