Bill No. 0072
Amendment No. 452003
Senate House

1Representative(s) Bucher offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
6     Section 1.  The facts stated in the preamble to this act
7are found and declared to be true.
8     Section 2.  The Palm Beach County Sheriff's Office is
9authorized and directed to pay to Jennifer Graham, out of
10insurance proceeds or out of moneys appropriated by the
11sheriff's office from funds of the sheriff's office not
12otherwise encumbered, the sum of $850,000 for injuries and
13damages sustained due to the negligence of the Palm Beach County
14Sheriff's Office in the following manner, as agreed to by the
15parties in their settlement agreement:
16     (1)  Three hundred fifty thousand dollars, paid within 20
17days after notice to the Palm Beach County Sheriff's Office upon
18the effective date of this act;
19     (2)  Two hundred fifty thousand dollars, paid 1 year
20following the date of the payment of the first payment of
21$350,000; and
22     (3)  Two hundred fifty thousand dollars, paid 2 years
23following the date of the first payment of $350,000.
24     Section 3.  (1)  Within 20 days of the effective date of
25this act, Jennifer Graham shall purchase a structured settlement
26annuity at a cost of no less than $75,000 for the exclusive use
27and benefit of her minor children, Ashley Graham, Tyler Graham,
28and Hunter Graham. Pursuant to the terms of the annuity, each
29child shall be guaranteed monthly payments beginning on the
30month following the effective date of this act and ending on
31each child's 18th birthday. Such funds are to follow the
32children regardless of who their legal custodians are, where the
33children are living, or Jennifer Graham's legal status as a
34parent, and shall be in addition to any child support payments
35that may be owed or owing by Jennifer Graham.
36     (2)  Within 13 months of the effective date of this act,
37Jennifer Graham shall purchase a structured educational fund at
38a cost to Jennifer Graham of no less than $45,000. Such fund
39shall provide a semiannual benefit to each of her three minor
40children, Ashley Graham, Tyler Graham, and Hunter Graham, for 4
41years each, beginning on each child's 18th birthday. Such funds
42are to follow the children regardless of who their legal
43custodians are, where the children are living, or Jennifer
44Graham's legal status as a parent, and shall be in addition to
45any child support payments that may be owed or owing by Jennifer
47Section 4.  Payment for attorney's fees and costs incurred
48by the claimant's attorneys shall not exceed $128,988. Payment
49for the professional services and costs of lobbyists advocating
50for passage of this claim shall not exceed $8,500.
51     Section 5.  This act shall take effect upon becoming a law.
53======= T I T L E  A M E N D M E N T ==========
54     On page 1, line 1, through page 3, line 11, remove all of
55said lines, and insert:
A bill to be entitled
58An act for the relief of Jennifer Graham by the Palm Beach
59County Sheriff's Office; providing for an appropriation to
60compensate Jennifer Graham for injuries sustained as a
61result of the negligence of the sheriff's office;
62requiring the purchase of a specified structured annuity
63and structured educational fund; providing for attorney's
64fees, lobbyist's fees, and costs; providing an effective
67     WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham was
68seated on a park bench on the southwest corner of Park Avenue
69located in Palm Beach County, Florida, and
70     WHEREAS, a deputy sheriff of the Palm Beach County
71Sheriff's Office was traveling westbound on Park Avenue at
72approximately 60 to 70 miles per hour according to an
73eyewitness, and
74     WHEREAS, when the deputy sheriff attempted to make a left
75turn at this high rate of speed, he lost control of his vehicle
76and collided with the park bench and Jennifer Graham, and
77     WHEREAS, Ms. Graham was thrown approximately 30 feet due to
78the collision and landed on a concrete sidewalk, and
79     WHEREAS, the Palm Beach County Sheriff's Office
80investigated the accident and determined that the deputy sheriff
81was the sole contributing cause of the accident by exceeding a
82safe speed and losing control of the vehicle while attempting to
83make a left turn, and
84     WHEREAS, Ms. Graham suffered multiple pelvic fractures and
85a bladder rupture, for which she had immediate surgery; a left
86acetabulum fracture; a right sacroiliac joint fracture; a pelvic
87hematoma; and an open laceration from her stomach to her pubic
88bone, and
89     WHEREAS, as a result of her injuries, Ms. Graham later
90underwent multiple surgeries to repair a hernia, a left shoulder
91joint, and the pelvic and iliosacral fractures, the latter
92requiring hardware and screw fixation, and
93     WHEREAS, Ms. Graham was admitted to two rehabilitation
94facilities for a total of approximately 5 months where she was
95diagnosed with chronic pain, gait dysfunction, and depression,
97     WHEREAS, as a result of the accident, Ms. Graham sustained
98a 40-percent permanent functional impairment and permanent gait
99dysfunction, and
100     WHEREAS, due to the severity of her injuries, Ms. Graham
101cannot maintain employment and will require future medical care
102over her lifetime and an additional surgery to remove the
103hardware that was placed in her pelvis and iliosacral joint, and
104     WHEREAS, Ms. Graham's medical expenses resulting from this
105accident were $266,462.44 and the Palm Beach County Health Care
106District has paid a portion of the outstanding medical expenses,
107but has imposed a lien in the amount of $87,937.31, and
108     WHEREAS, the present value of Ms. Graham's total economic
109damages over her lifetime was calculated to be $1,018,988.40;
110however, the expert economist hired by the Palm Beach County
111Sheriff's Office calculated the value to be $771,670, and
112     WHEREAS, Ms. Graham is also entitled to collect damages for
113her past and future pain and suffering, mental anguish,
114disability, and loss of enjoyment of life resulting from the
115devastating injuries and severe impairment she incurred as a
116result of the accident, and
117     WHEREAS, Ms. Graham filed a lawsuit against the Palm Beach
118County Sheriff's Office, and a trial was set to begin on July
11918, 2005, and
120     WHEREAS, on July 13, 2005, Ms. Graham and the Palm Beach
121County Sheriff's Office entered into an agreement to settle the
122lawsuit in the amount of $950,000, of which the sheriff's office
123paid $100,000 at the time the settlement agreement was signed by
124all parties, NOW, THEREFORE,

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