SENATE AMENDMENT
Bill No. CS for SB 40
Amendment No. ___ Barcode 245780
CHAMBER ACTION
Senate House
.
.
1 1/AD/2R .
04/23/2004 02:21 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Diaz de la Portilla moved the following amendment:
12
13 Senate Amendment
14 On page 3, line 27, through
15 page 4, line 24, delete those lines
16
17 and insert:
18 Section 2. (1) The South Broward Hospital District is
19 authorized and directed to appropriate from funds of the
20 hospital district not otherwise appropriated to compensate the
21 claimants, Cindy Haider, the wife of Jeffrey Haider, deceased;
22 Alan Haider, the adult dependent child of Jeffrey and Cindy
23 Haider; and Max, Jonathan, and Jessica Haider, the adult
24 children of Jeffrey and Cindy Haider, for injuries and damages
25 sustained as a result of the negligence of employees of the
26 district the sum of $3,800,000, plus liquidated interest of
27 $46,437, for a total of $3,846,437 as agreed to by the
28 claimants and the district, in the following distribution to
29 the claimants, after payment of attorney's fees and costs: 60
30 percent to be paid to Cindy Haider; 10 percent to be paid to
31 the trust established for Max Haider; 10 percent to be paid to
1
8:14 AM 04/23/04 s0040c1b-36j03
SENATE AMENDMENT
Bill No. CS for SB 40
Amendment No. ___ Barcode 245780
1 the trust established for Jonathan Haider; 10 percent to be
2 paid to the trust established for Jessica Haider; and 10
3 percent to be paid to the trust established for Alan Haider.
4 (2) The claimants, Alan Haider, Max Haider, Jonathan
5 Haider, and Jessica Haider, and the attorney for each of the
6 claimants shall, as a condition of payment, nominate a
7 financial institution doing business in this state, or an
8 independent individual who is not related to the claimants by
9 blood, marriage, or contract, to act as a trustee for an
10 irrevocable inter vivos trust established for the benefit of
11 each respective claimant. In addition, the proceeds that are
12 paid to Alan Haider, Max Haider, Jonathan Haider, and Jessica
13 Haider shall be placed in separate, irrevocable inter vivos
14 trusts, to be used solely for the health care, support,
15 maintenance, and education of each respective claimant until
16 that claimant is 30 years of age. The trustee must take into
17 consideration any other resources and income of the
18 beneficiary of a trust before disbursing any funds from a
19 trust to the claimant who is the beneficiary of that trust. To
20 that end, the trustee of the trusts must possess experience in
21 financial and trust management. The amount payable under this
22 section is inclusive of costs and attorney's fees, as limited
23 by section 768.28(8), Florida Statutes.
24
25
26
27
28
29
30
31
2
8:14 AM 04/23/04 s0040c1b-36j03