ENROLLED HB 0799 2003 Legislature
1	A bill to be entitled
2	An act relating to Brevard County; providing for the
3	relief of Howard S. Evarts and his wife, Donna Evarts;
4	authorizing and directing the Brevard County Board of
5	County Commissioners to compensate them for personal
6	injuries suffered by Howard S. Evarts in an automobile
7	accident caused by an employee of Brevard County;
8	providing an effective date.
9
10	WHEREAS, on June 18, 1998, Howard S. Evarts was the driver
11	of a vehicle that was struck from the rear by a passenger bus
12	moving at approximately 45 miles per hour which was owned by the
13	Brevard County Board of County Commissioners, and
14	WHEREAS, the vehicle in which Howard S. Evarts was
15	traveling was appropriately stopped in the lane of travel
16	waiting to make a left-hand turn, and
17	WHEREAS, at the time of the accident, Howard S. Evarts was
18	an independent contractor and was without personal resources for
19	medical insurance, other than nominal personal injury
20	protection, to adequately care for the injuries he suffered as a
21	result of the accident, and
22	WHEREAS, Howard S. Evarts suffered injuries to his cervical
23	spine, his thoracic spine, and his lumbar spine, and
24	WHEREAS, it is anticipated that Howard S. Evarts will
25	require surgery in the future and will need to change his
26	vocation in order to continue to support himself and his wife,
27	and
28	WHEREAS, on November 30, 2000, a consent judgment was
29	entered following Howard S. Evarts and Brevard County entering
30	into a stipulated judgment in Case Number 05-1999-CA-025509-
31	XXXX-XX, in the amount of $125,000, and
32	WHEREAS, Howard S. Evarts is one of five persons who have
33	made claims relating to this accident, and
34	WHEREAS, Brevard County has expended $101,410 in the
35	settlement of the case of Porter v. Brevard County, a case
36	arising out of the same accident, has paid other expenses for
37	property damage resulting from the same accident, and has only
38	$98,590 remaining to divide between Howard S. Evarts and Donna
39	Evarts and another plaintiff in the case, Alan S. Hammer, and
40	WHEREAS, Howard S. Evarts and Alan S. Hammer agreed to
41	divide the remaining amount of $98,590 between themselves, and
42	WHEREAS, Howard S. Evarts received $49,295, half of the
43	$98,590 remaining from the $200,000 amount that is the county's
44	statutory limit of liability pursuant to s. 768.28, Florida
45	Statutes, and
46	WHEREAS, from the payment of $49,295, Howard S. Evarts
47	received the net amount of $18,658.87 after payment of costs,
48	medical and hospital expenses, and attorney's fees, and
49	WHEREAS, the Brevard County Board of County Commissioners
50	agree that the damages sustained by Howard S. Evarts exceed the
51	portion that remains from the amount constituting the county's
52	statutory limit of liability under s. 768.28, Florida Statutes,
53	and
54	WHEREAS, the Brevard County Board of County Commissioners
55	and Howard S. Evarts agreed that Mr. Evarts would seek to
56	recover the difference between $125,000, the amount of the
57	stipulated judgment, and $49,295, the amount Mr. Evarts actually
58	received, through a claim bill, and
59	WHEREAS, the Brevard County Board of County Commissioners
60	has agreed that it would not oppose passage of the claim bill
61	and would support such a bill, NOW, THEREFORE,
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1. The facts stated in the preamble to this act
66	are found and declared to be true.
67	Section 2. The Brevard County Board of County
68	Commissioners is authorized and directed to appropriate from
69	funds of the county not otherwise appropriated and to draw a
70	warrant in the amount of $75,705, payable to Howard S. Evarts
71	and his wife, Donna Evarts, to compensate them for personal
72	injuries and damages suffered by Howard S. Evarts as a result of
73	the negligence of Brevard County.
74	Section 3. This act shall take effect July 1, 2003.
75