HB 0315

CS

CHAMBER ACTION

1	The Claims Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act for the relief of Jennifer Graham by the Palm Beach
8	County Sheriff's Office; providing for an appropriation to
9	compensate Jennifer Graham for injuries sustained as a
10	result of the negligence of the sheriff's office;
11	requiring the purchase of a specified structured annuity
12	and structured educational fund; providing an effective
13	date.
14
15	WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham was
16	seated on a park bench on the southwest corner of Park Avenue
17	located in Palm Beach County, Florida, and
18	WHEREAS, a deputy sheriff of the Palm Beach County
19	Sheriff's Office was traveling westbound on Park Avenue at
20	approximately 60 to 70 miles per hour according to an
21	eyewitness, and
22	WHEREAS, when the deputy sheriff attempted to make a left
23	turn at this high rate of speed, he lost control of his vehicle
24	and collided with the park bench and Jennifer Graham, and
25	WHEREAS, Ms. Graham was thrown approximately 30 feet due to
26	the collision and landed on a concrete sidewalk, and
27	WHEREAS, the Palm Beach County Sheriff's Office
28	investigated the accident and determined that the deputy sheriff
29	was the sole contributing cause of the accident by exceeding a
30	safe speed and losing control of the vehicle while attempting to
31	make a left turn, and
32	WHEREAS, Ms. Graham suffered multiple pelvic fractures and
33	a bladder rupture, for which she had immediate surgery; a left
34	acetabulum fracture; a right sacroiliac joint fracture; a pelvic
35	hematoma; and an open laceration from her stomach to her pubic
36	bone, and
37	WHEREAS, as a result of her injuries, Ms. Graham later
38	underwent multiple surgeries to repair a hernia, a left shoulder
39	joint, and the pelvic and iliosacral fractures, the latter
40	requiring hardware and screw fixation, and
41	WHEREAS, Ms. Graham was admitted to two rehabilitation
42	facilities for a total of approximately 5 months where she was
43	diagnosed with chronic pain, gait dysfunction, and depression,
44	and
45	WHEREAS, as a result of the accident, Ms. Graham sustained
46	a 40-percent permanent functional impairment and permanent gait
47	dysfunction, and
48	WHEREAS, due to the severity of her injuries, Ms. Graham
49	cannot maintain employment and will require future medical care
50	over her lifetime and an additional surgery to remove the
51	hardware that was placed in her pelvis and iliosacral joint, and
52	WHEREAS, Ms. Graham's medical expenses resulting from this
53	accident were $266,462.44 and the Palm Beach County Health Care
54	District has paid a portion of the outstanding medical expenses,
55	but has imposed a lien in the amount of $87,937.31, and
56	WHEREAS, the present value of Ms. Graham's total economic
57	damages over her lifetime was calculated to be $1,018,988.40;
58	however, the expert economist hired by the Palm Beach County
59	Sheriff's Office calculated the value to be $771,670, and
60	WHEREAS, Ms. Graham is also entitled to collect damages for
61	her past and future pain and suffering, mental anguish,
62	disability, and loss of enjoyment of life resulting from the
63	devastating injuries and severe impairment she incurred as a
64	result of the accident, and
65	WHEREAS, Ms. Graham filed a lawsuit against the Palm Beach
66	County Sheriff's Office, and a trial was set to begin on July
67	18, 2005, and
68	WHEREAS, on July 13, 2005, Ms. Graham and the Palm Beach
69	County Sheriff's Office entered into an agreement to settle the
70	lawsuit in the amount of $950,000, of which the sheriff's office
71	paid $100,000 at the time the settlement agreement was signed by
72	all parties, NOW, THEREFORE,
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  The facts stated in the preamble to this act
77	are found and declared to be true.
78	Section 2.  The Palm Beach County Sheriff's Office is
79	authorized and directed to pay to Jennifer Graham, out of
80	insurance proceeds or out of moneys appropriated by the
81	sheriff's office from funds of the sheriff's office not
82	otherwise encumbered, the sum of $850,000 for injuries and
83	damages sustained due to the negligence of the Palm Beach County
84	Sheriff's Office in the following manner, as agreed by the
85	parties in their settlement agreement:
86	(1)  Three hundred fifty thousand dollars, paid within 20
87	days after notice to the Palm Beach County Sheriff's Office upon
88	the effective date of this act;
89	(2)  Two hundred fifty thousand dollars, paid 1 year
90	following the date of the payment of the first payment of
91	$350,000; and
92	(3)  Two hundred fifty thousand dollars, paid 2 years
93	following the date of the first payment of $350,000.
94	Section 3.  (1)  Within 20 days of the effective date of
95	this act, Jennifer Graham shall purchase a structured settlement
96	annuity at a cost of no less than $75,000 for the exclusive use
97	and benefit of her minor children, Ashley Graham, Tyler Graham,
98	and Hunter Graham. Pursuant to the terms of the annuity, each
99	child shall be guaranteed monthly payments beginning on the
100	effective date of this act and ending on each child's 18th
101	birthday. Such funds are to follow the children regardless of
102	who their legal custodians are, where the children are living,
103	or Jennifer Graham's legal status as a parent, and shall be in
104	addition to any child support payments that may be owed or owing
105	by Jennifer Graham.
106	(2)  Within 13 months of the effective date of this act,
107	Jennifer Graham shall purchase a structured educational fund at
108	a cost to Jennifer Graham of no less than $45,000. Such fund
109	shall provide a semiannual benefit to each of her three minor
110	children, Ashley Graham, Tyler Graham, and Hunter Graham, for 4
111	years each, beginning on each child's 18th birthday. Such funds
112	are to follow the children regardless of who their legal
113	custodians are, where the children are living, or Jennifer
114	Graham's legal status as a parent, and shall be in addition to
115	any child support payments that may be owed or owing by Jennifer
116	Graham.
117	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.