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.