| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act for the relief of Stephen Hall; providing an |
| 8 | appropriation to compensate him for injuries sustained as |
| 9 | a result of the negligence of an employee of the |
| 10 | Department of Transportation; providing an effective date. |
| 11 |
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| 12 | WHEREAS, on June 30, 1997, Stephen Hall was a passenger in |
| 13 | a vehicle driven by his father, Edward Hall, traveling westbound |
| 14 | on State Road 500 in Brevard County, Florida, and |
| 15 | WHEREAS, David Eaker, an employee of the Department of |
| 16 | Transportation, was stopped on the north shoulder of State Road |
| 17 | 500, headed in the same direction as the Hall vehicle, and |
| 18 | WHEREAS, as the Hall vehicle approached his vehicle, David |
| 19 | Eaker pulled into the path of the Hall vehicle, resulting in a |
| 20 | collision between the two vehicles, and |
| 21 | WHEREAS, Stephen Hall was injured and was transported by |
| 22 | ambulance to Holmes Regional Medical Center in Melbourne, where |
| 23 | he was treated for multiple traumatic injuries, including |
| 24 | multiple facial fractures and lacerations; multiple intra-oral |
| 25 | mucosal lacerations; and orthopedic injuries to his right arm |
| 26 | and shoulder, neck, and both knees, and |
| 27 | WHEREAS, as a result of the injuries, Stephen Hall was |
| 28 | subjected to multiple surgeries and physical therapy, will |
| 29 | likely need additional surgery for the injuries in the future, |
| 30 | missed 2 years of school, has suffered from mood swings and |
| 31 | depression, and has permanent facial disfigurement and |
| 32 | continuing problems as a result of the injuries, and |
| 33 | WHEREAS, Stephen Hall's medical expenses total $51,586.81 |
| 34 | to date, and |
| 35 | WHEREAS, David Eaker was determined to be at fault and was |
| 36 | charged with failure to yield the right-of-way, and |
| 37 | WHEREAS, the Halls filed suit in the Eighteenth Judicial |
| 38 | Circuit, in and for Brevard County, against the Department of |
| 39 | Transportation in case number 05-2001-CA-006293, and |
| 40 | WHEREAS, the parties mediated the case and reached a |
| 41 | settlement of all claims, and |
| 42 | WHEREAS, the parties entered into a settlement agreement in |
| 43 | which the Department of Transportation admitted liability and |
| 44 | agreed to the entry of a consent judgment in the amount of |
| 45 | $500,000, and |
| 46 | WHEREAS, the Department of Transportation has previously |
| 47 | paid $112,000 to the claimant and agreed to affirmatively |
| 48 | support a claim bill in the amount of $388,000, NOW, THEREFORE, |
| 49 |
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| 50 | Be It Enacted by the Legislature of the State of Florida: |
| 51 |
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| 52 | Section 1. The facts stated in the preamble to this act |
| 53 | are found and declared to be true. |
| 54 | Section 2. The Executive Office of the Governor is |
| 55 | directed to establish spending authority from unappropriated |
| 56 | trust fund balances in the Department of Transportation in the |
| 57 | amount of $388,000 to a new category titled "Relief: Stephen |
| 58 | Hall" as relief for injuries and damages sustained, which amount |
| 59 | includes attorney's fees and costs. |
| 60 | Section 3. The Chief Financial Officer is directed to draw |
| 61 | a warrant, pursuant to the Stipulated Settlement Agreement |
| 62 | executed by the Department of Transportation and Stephen Hall, |
| 63 | in the sum of $388,000, upon funds of the Department of |
| 64 | Transportation in the State Treasury, and the Chief Financial |
| 65 | Officer is directed to pay the same out of funds in the State |
| 66 | Treasury. |
| 67 | Section 4. This act shall take effect upon becoming a law. |