| 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 |
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| 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 |
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| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
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| 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. |