| 1 | Representative(s) Bucher offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 |
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| 6 | Section 1. The facts stated in the preamble to this act |
| 7 | are found and declared to be true. |
| 8 | Section 2. The Palm Beach County Sheriff's Office is |
| 9 | authorized and directed to pay to Jennifer Graham, out of |
| 10 | insurance proceeds or out of moneys appropriated by the |
| 11 | sheriff's office from funds of the sheriff's office not |
| 12 | otherwise encumbered, the sum of $850,000 for injuries and |
| 13 | damages sustained due to the negligence of the Palm Beach County |
| 14 | Sheriff's Office in the following manner, as agreed to by the |
| 15 | parties in their settlement agreement: |
| 16 | (1) Three hundred fifty thousand dollars, paid within 20 |
| 17 | days after notice to the Palm Beach County Sheriff's Office upon |
| 18 | the effective date of this act; |
| 19 | (2) Two hundred fifty thousand dollars, paid 1 year |
| 20 | following the date of the payment of the first payment of |
| 21 | $350,000; and |
| 22 | (3) Two hundred fifty thousand dollars, paid 2 years |
| 23 | following the date of the first payment of $350,000. |
| 24 | Section 3. (1) Within 20 days of the effective date of |
| 25 | this act, Jennifer Graham shall purchase a structured settlement |
| 26 | annuity at a cost of no less than $75,000 for the exclusive use |
| 27 | and benefit of her minor children, Ashley Graham, Tyler Graham, |
| 28 | and Hunter Graham. Pursuant to the terms of the annuity, each |
| 29 | child shall be guaranteed monthly payments beginning on the |
| 30 | month following the effective date of this act and ending on |
| 31 | each child's 18th birthday. Such funds are to follow the |
| 32 | children regardless of who their legal custodians are, where the |
| 33 | children are living, or Jennifer Graham's legal status as a |
| 34 | parent, and shall be in addition to any child support payments |
| 35 | that may be owed or owing by Jennifer Graham. |
| 36 | (2) Within 13 months of the effective date of this act, |
| 37 | Jennifer Graham shall purchase a structured educational fund at |
| 38 | a cost to Jennifer Graham of no less than $45,000. Such fund |
| 39 | shall provide a semiannual benefit to each of her three minor |
| 40 | children, Ashley Graham, Tyler Graham, and Hunter Graham, for 4 |
| 41 | years each, beginning on each child's 18th birthday. Such funds |
| 42 | are to follow the children regardless of who their legal |
| 43 | custodians are, where the children are living, or Jennifer |
| 44 | Graham's legal status as a parent, and shall be in addition to |
| 45 | any child support payments that may be owed or owing by Jennifer |
| 46 | Graham. |
| 47 | Section 4. Payment for attorney's fees and costs incurred |
| 48 | by the claimant's attorneys shall not exceed $128,988. Payment |
| 49 | for the professional services and costs of lobbyists advocating |
| 50 | for passage of this claim shall not exceed $8,500. |
| 51 | Section 5. This act shall take effect upon becoming a law. |
| 52 |
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| 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 |
| 55 | said lines, and insert: |
| 56 |
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| 57 | A bill to be entitled |
| 58 | An act for the relief of Jennifer Graham by the Palm Beach |
| 59 | County Sheriff's Office; providing for an appropriation to |
| 60 | compensate Jennifer Graham for injuries sustained as a |
| 61 | result of the negligence of the sheriff's office; |
| 62 | requiring the purchase of a specified structured annuity |
| 63 | and structured educational fund; providing for attorney's |
| 64 | fees, lobbyist's fees, and costs; providing an effective |
| 65 | date. |
| 66 |
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| 67 | WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham was |
| 68 | seated on a park bench on the southwest corner of Park Avenue |
| 69 | located in Palm Beach County, Florida, and |
| 70 | WHEREAS, a deputy sheriff of the Palm Beach County |
| 71 | Sheriff's Office was traveling westbound on Park Avenue at |
| 72 | approximately 60 to 70 miles per hour according to an |
| 73 | eyewitness, and |
| 74 | WHEREAS, when the deputy sheriff attempted to make a left |
| 75 | turn at this high rate of speed, he lost control of his vehicle |
| 76 | and collided with the park bench and Jennifer Graham, and |
| 77 | WHEREAS, Ms. Graham was thrown approximately 30 feet due to |
| 78 | the collision and landed on a concrete sidewalk, and |
| 79 | WHEREAS, the Palm Beach County Sheriff's Office |
| 80 | investigated the accident and determined that the deputy sheriff |
| 81 | was the sole contributing cause of the accident by exceeding a |
| 82 | safe speed and losing control of the vehicle while attempting to |
| 83 | make a left turn, and |
| 84 | WHEREAS, Ms. Graham suffered multiple pelvic fractures and |
| 85 | a bladder rupture, for which she had immediate surgery; a left |
| 86 | acetabulum fracture; a right sacroiliac joint fracture; a pelvic |
| 87 | hematoma; and an open laceration from her stomach to her pubic |
| 88 | bone, and |
| 89 | WHEREAS, as a result of her injuries, Ms. Graham later |
| 90 | underwent multiple surgeries to repair a hernia, a left shoulder |
| 91 | joint, and the pelvic and iliosacral fractures, the latter |
| 92 | requiring hardware and screw fixation, and |
| 93 | WHEREAS, Ms. Graham was admitted to two rehabilitation |
| 94 | facilities for a total of approximately 5 months where she was |
| 95 | diagnosed with chronic pain, gait dysfunction, and depression, |
| 96 | and |
| 97 | WHEREAS, as a result of the accident, Ms. Graham sustained |
| 98 | a 40-percent permanent functional impairment and permanent gait |
| 99 | dysfunction, and |
| 100 | WHEREAS, due to the severity of her injuries, Ms. Graham |
| 101 | cannot maintain employment and will require future medical care |
| 102 | over her lifetime and an additional surgery to remove the |
| 103 | hardware that was placed in her pelvis and iliosacral joint, and |
| 104 | WHEREAS, Ms. Graham's medical expenses resulting from this |
| 105 | accident were $266,462.44 and the Palm Beach County Health Care |
| 106 | District has paid a portion of the outstanding medical expenses, |
| 107 | but has imposed a lien in the amount of $87,937.31, and |
| 108 | WHEREAS, the present value of Ms. Graham's total economic |
| 109 | damages over her lifetime was calculated to be $1,018,988.40; |
| 110 | however, the expert economist hired by the Palm Beach County |
| 111 | Sheriff's Office calculated the value to be $771,670, and |
| 112 | WHEREAS, Ms. Graham is also entitled to collect damages for |
| 113 | her past and future pain and suffering, mental anguish, |
| 114 | disability, and loss of enjoyment of life resulting from the |
| 115 | devastating injuries and severe impairment she incurred as a |
| 116 | result of the accident, and |
| 117 | WHEREAS, Ms. Graham filed a lawsuit against the Palm Beach |
| 118 | County Sheriff's Office, and a trial was set to begin on July |
| 119 | 18, 2005, and |
| 120 | WHEREAS, on July 13, 2005, Ms. Graham and the Palm Beach |
| 121 | County Sheriff's Office entered into an agreement to settle the |
| 122 | lawsuit in the amount of $950,000, of which the sheriff's office |
| 123 | paid $100,000 at the time the settlement agreement was signed by |
| 124 | all parties, NOW, THEREFORE, |