HB 0835 2004
   
1 A bill to be entitled
2          An act relating to Indian River County; providing for the
3    relief of Debra Smith, Pamela Hughes, Michael Truitt, and
4    Charles Hughes; authorizing and directing the Indian River
5    County School Board to compensate them for the death of
6    their father, Sammie Lee Hughes, due to the negligence of
7    the school board; providing for payment of attorney's fees
8    and costs; providing an effective date.
9         
10          WHEREAS, on Monday, January 25, 1999, at approximately 3:30
11    p.m., a school bus driver employed by the Indian River County
12    School District ran a stop sign at the intersection of 45th
13    Street and 66th Avenue and collided with a truck driven by
14    Sammie Lee Hughes, and
15          WHEREAS, the impact sent the truck careening into a
16    drainage ditch, killing Mr. Hughes, and
17          WHEREAS, as a result of this accident, several injured
18    parties filed legal actions, and
19          WHEREAS, Debra Smith and Pamela Hughes, as co-personal
20    representatives of the estate of Sammie Lee Hughes, filed suit
21    in the Circuit Court of the 19th Judicial Circuit in and for
22    Indian River County, Florida (Case Number 99-0656-CA-10), and
23          WHEREAS, in a final judgment dated February 20, 2002, the
24    court awarded the sum of $75,000 to Debra Smith, $75,000 to
25    Pamela Hughes, $75,000 to Michael Truitt, and $100,000 to
26    Charles Hughes, plus costs in the amount of $530.72, for a total
27    sum of $325,530.72, and
28          WHEREAS, in October 2002, Mr. Hughes' children and the
29    Indian River County School Board reached a settlement agreement
30    in the amount of $300,000, and
31          WHEREAS, the maximum amount that may be awarded under
32    section 768.28, Florida Statutes, has already been paid to other
33    plaintiffs for injuries suffered as a result of this incident,
34    and
35          WHEREAS, recovery of amounts set forth in this act may be
36    obtained only through the Legislature's passage of a claim bill
37    awarding such sums, NOW, THEREFORE,
38         
39          Be It Enacted by the Legislature of the State of Florida:
40         
41          Section 1. The facts stated in the preamble to this act
42    are found and declared to be true.
43          Section 2. (1) The Indian River County School Board is
44    authorized and directed to compensate Debra Smith, Pamela
45    Hughes, Michael Truitt, and Charles Hughes for the wrongful
46    death of their father, Sammie Lee Hughes, in the total amount of
47    $300,000, which amount includes statutory attorney's fees and
48    costs and shall be paid in three installments in accordance with
49    the release and settlement of the claim, with $150,000 to be
50    paid in July 2004, $75,000 to be paid in July 2005, and $75,000
51    to be paid in July 2006, out of general funds of the School
52    District of Indian River County not otherwise appropriated. Each
53    installment shall be paid by drawing separate warrants payable
54    to Debra Smith, Pamela Hughes, Michael Truitt, and Charles
55    Hughes, respectively, on the basis of Debra Smith receiving 23
56    percent, Pamela Hughes receiving 23 percent, Michael Truitt
57    receiving 23 percent, and Charles Hughes receiving 31 percent of
58    each installment.
59          (2) Amounts paid for attorney's fees and costs, as limited
60    in accordance with s. 768.28, Florida Statutes, shall be payable
61    from the first installment in a pro rata share of each of the
62    claimants.
63          Section 3. This act shall take effect upon becoming a law.