Senate Bill sb0072er

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    2007 Legislature                   CS for SB 72, 1st Engrossed



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  2         An act for the relief of Jennifer Graham by the

  3         Palm Beach County Sheriff's Office; providing

  4         for an appropriation to compensate Jennifer

  5         Graham for injuries sustained as a result of

  6         the negligence of the sheriff's office;

  7         requiring the purchase of a specified

  8         structured annuity and structured educational

  9         fund; providing for attorney's fees, lobbyist's

10         fees, and costs; providing an effective date.

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12         WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham

13  was seated on a park bench on the southwest corner of Park

14  Avenue located in Palm Beach County, Florida, and

15         WHEREAS, a deputy sheriff of the Palm Beach County

16  Sheriff's Office was traveling westbound on Park Avenue at

17  approximately 60 to 70 miles per hour according to an

18  eyewitness, and

19         WHEREAS, when the deputy sheriff attempted to make a

20  left turn at this high rate of speed, he lost control of his

21  vehicle and collided with the park bench and Jennifer Graham,

22  and

23         WHEREAS, Ms. Graham was thrown approximately 30 feet

24  due to the collision and landed on a concrete sidewalk, and

25         WHEREAS, the Palm Beach County Sheriff's Office

26  investigated the accident and determined that the deputy

27  sheriff was the sole contributing cause of the accident by

28  exceeding a safe speed and losing control of the vehicle while

29  attempting to make a left turn, and

30         WHEREAS, Ms. Graham suffered multiple pelvic fractures

31  and a bladder rupture, for which she had immediate surgery; a


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    2007 Legislature                   CS for SB 72, 1st Engrossed



 1  left acetabulum fracture; a right sacroiliac joint fracture; a

 2  pelvic hematoma; and an open laceration from her stomach to

 3  her pubic bone, and

 4         WHEREAS, as a result of her injuries, Ms. Graham later

 5  underwent multiple surgeries to repair a hernia, a left

 6  shoulder joint, and the pelvic and iliosacral fractures, the

 7  latter requiring hardware and screw fixation, and

 8         WHEREAS, Ms. Graham was admitted to two rehabilitation

 9  facilities for a total of approximately 5 months where she was

10  diagnosed with chronic pain, gait dysfunction, and depression,

11  and

12         WHEREAS, as a result of the accident, Ms. Graham

13  sustained a 40-percent permanent functional impairment and

14  permanent gait dysfunction, and

15         WHEREAS, due to the severity of her injuries, Ms.

16  Graham cannot maintain employment and will require future

17  medical care over her lifetime and an additional surgery to

18  remove the hardware that was placed in her pelvis and

19  iliosacral joint, and

20         WHEREAS, Ms. Graham's medical expenses resulting from

21  this accident were $266,462.44 and the Palm Beach County

22  Health Care District has paid a portion of the outstanding

23  medical expenses, but has imposed a lien in the amount of

24  $87,937.31, and

25         WHEREAS, the present value of Ms. Graham's total

26  economic damages over her lifetime was calculated to be

27  $1,018,988.40; however, the expert economist hired by the Palm

28  Beach County Sheriff's Office calculated the value to be

29  $771,670, and

30         WHEREAS, Ms. Graham is also entitled to collect damages

31  for her past and future pain and suffering, mental anguish,


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    2007 Legislature                   CS for SB 72, 1st Engrossed



 1  disability, and loss of enjoyment of life resulting from the

 2  devastating injuries and severe impairment she incurred as a

 3  result of the accident, and

 4         WHEREAS, Ms. Graham filed a lawsuit against the Palm

 5  Beach County Sheriff's Office, and a trial was set to begin on

 6  July 18, 2005, and

 7         WHEREAS, on July 13, 2005, Ms. Graham and the Palm

 8  Beach County Sheriff's Office entered into an agreement to

 9  settle the lawsuit in the amount of $950,000, of which the

10  sheriff's office paid $100,000 at the time the settlement

11  agreement was signed by all parties, NOW, THEREFORE,

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  The facts stated in the preamble to this

16  act are found and declared to be true.

17         Section 2.  The Palm Beach County Sheriff's Office is

18  authorized and directed to pay to Jennifer Graham, out of

19  insurance proceeds or out of moneys appropriated by the

20  sheriff's office from funds of the sheriff's office not

21  otherwise encumbered, the sum of $850,000 for injuries and

22  damages sustained due to the negligence of the Palm Beach

23  County Sheriff's Office in the following manner, as agreed to

24  by the parties in their settlement agreement:

25         (1)  Three hundred fifty thousand dollars, paid within

26  20 days after notice to the Palm Beach County Sheriff's Office

27  upon the effective date of this act;

28         (2)  Two hundred fifty thousand dollars, paid 1 year

29  following the date of the payment of the first payment of

30  $350,000; and

31  


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    2007 Legislature                   CS for SB 72, 1st Engrossed



 1         (3)  Two hundred fifty thousand dollars, paid 2 years

 2  following the date of the first payment of $350,000.

 3         Section 3.  (1)  Within 20 days of the effective date

 4  of this act, Jennifer Graham shall purchase a structured

 5  settlement annuity at a cost of no less than $75,000 for the

 6  exclusive use and benefit of her minor children, Ashley

 7  Graham, Tyler Graham, and Hunter Graham. Pursuant to the terms

 8  of the annuity, each child shall be guaranteed monthly

 9  payments beginning on the month following the effective date

10  of this act and ending on each child's 18th birthday. Such

11  funds are to follow the children regardless of who their legal

12  custodians are, where the children are living, or Jennifer

13  Graham's legal status as a parent, and shall be in addition to

14  any child support payments that may be owed or owing by

15  Jennifer Graham.

16         (2)  Within 13 months of the effective date of this

17  act, Jennifer Graham shall purchase a structured educational

18  fund at a cost to Jennifer Graham of no less than $45,000.

19  Such fund shall provide a semiannual benefit to each of her

20  three minor children, Ashley Graham, Tyler Graham, and Hunter

21  Graham, for 4 years each, beginning on each child's 18th

22  birthday. Such funds are to follow the children regardless of

23  who their legal custodians are, where the children are living,

24  or Jennifer Graham's legal status as a parent, and shall be in

25  addition to any child support payments that may be owed or

26  owing by Jennifer Graham.

27         Section 4.  Payment for attorney's fees and costs

28  incurred by the claimant's attorneys shall not exceed

29  $128,988. Payment for the professional services and costs of

30  lobbyists advocating for passage of this claim shall not

31  exceed $8,500.


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    2007 Legislature                   CS for SB 72, 1st Engrossed



 1         Section 5.  This act shall take effect upon becoming a

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