HB 763

1	A bill to be entitled
2	An act for the relief of the Estate of Christian
3	Stephenson, Amie O'Brien (formerly Amie Draiemann
4	Stephenson), Hailey Morgan Stephenson, and Christian Darby
5	Stephenson, II, by the Department of Transportation;
6	providing for the relief of the Estate of Christian
7	Stephenson, Amie O'Brien, individually, and as Personal
8	Representative of the Estate of Christian Darby
9	Stephenson, deceased, and for the relief of Hailey Morgan
10	Stephenson and Christian Darby Stephenson, II, as
11	surviving minor children of the decedent, by and through
12	their mother, Amie O'Brien; providing an appropriation to
13	compensate them for the wrongful death of Christian
14	Stephenson, which was due in part to the negligence of the
15	Department of Transportation; providing for attorney's
16	fees and costs; providing a limitation on attorney's fees,
17	lobbying fees, costs, and other similar expenses relating
18	to the claim; providing for use of funds; providing an
19	effective date.
20
21	WHEREAS, on August 12, 2000, 29-year-old Christian
22	Stephenson was driving a gasoline tanker eastbound on the Hart
23	Bridge Expressway in Duval County, and
24	WHEREAS, at the base of the bridge was a large pool of
25	standing water which was caused by a clogged drain, and
26	WHEREAS, the Department of Transportation was responsible
27	for the maintenance of the Hart Bridge Expressway drains at that
28	location, and
29	WHEREAS, as Mr. Stephenson drove over the bridge, a Jeep
30	that was traveling toward the tanker hit the puddle and
31	hydroplaned, and
32	WHEREAS, Christian Stephenson took evasive action to avoid
33	hitting the Jeep and also to avoid two other vehicles that had
34	been involved in previous accidents and were parked in the
35	striped safety zone alongside the expressway, and
36	WHEREAS, Mr. Stephenson attempted to make a hard right turn
37	onto the Atlantic Avenue exit so as to avoid those three other
38	vehicles, but, as he tried to take the exit, the gasoline tanker
39	jackknifed, struck the guardrail, overturned, and exploded, and
40	WHEREAS, Christian Stephenson was subsequently pronounced
41	dead at the scene, and
42	WHEREAS, Mr. Stephenson's widow brought suit against the
43	department in the Circuit Court of the Fourth Judicial Circuit,
44	in and for Duval County, Florida (Case No. 01-03428 CA), and, on
45	March 22, 2005, the jury returned a verdict that charged the
46	Department of Transportation with 36 percent of the negligence
47	that was a legal cause of Mr. Stephenson's death, and
48	WHEREAS, the jury verdict states the jury's determination
49	that the total amount of damages sustained by Christian
50	Stephenson's estate is $1.3 million; the total amount sustained
51	by Amie O'Brien is $763,000; the total amount sustained by
52	Hailey Morgan Stephenson is $1 million, and the total amount
53	sustained by Christian Darby Stephenson, II, is $526,000, and
54	WHEREAS, when the aggregate sum of these damages is
55	multiplied by 36 percent, the sum awarded to Mr. Stephenson's
56	estate and the named survivors under the final judgment is
57	$1,292,040, plus taxable costs, and
58	WHEREAS, after the Department of Transportation has paid
59	$175,100, as allowed under section 768.28, Florida Statutes, the
60	remainder subject to award under this act is $1,116,940, NOW,
61	THEREFORE,
62
63	Be It Enacted by the Legislature of the State of Florida:
64
65	Section 1.  The facts stated in the preamble to this act
66	are found and declared to be true.
67	Section 2.  (1)  The Executive Office of the Governor is
68	directed to establish spending authority from unappropriated
69	trust fund balances in the Department of Transportation in the
70	amount of $1,116,940 to a new category titled: "Relief of the
71	Estate of Christian Stephenson, Amie O'Brien, Hailey Morgan
72	Stephenson, and Christian Darby Stephenson, II," as relief for
73	injuries and damages sustained, which amount includes attorney's
74	fees and costs.
75	(2)  Any amount awarded under this act pursuant to the
76	waiver of sovereign immunity permitted under s. 768.28, Florida
77	Statutes, and subsection (1) is intended to provide the sole
78	compensation for all present and future claims arising out of
79	the factual situation described in the preamble to this act
80	which resulted in the death of Christian Stephenson. The total
81	amount paid for attorney's fees, lobbying fees, costs, and other
82	similar expenses relating to this claim may not exceed 25
83	percent of the amount awarded under subsection (1).
84	Section 3.  The Chief Financial Officer is directed to draw
85	a warrant in favor of Amie O'Brien in the sum of $1,092,040 plus
86	taxable costs upon funds of the Department of Transportation in
87	the State Treasury, and the Chief Financial Officer is directed
88	to pay the same out of such funds in the State Treasury, as
89	follows:
90	(1)  $404,575.65 to the Estate of Christian Stephenson.
91	(2)  $237,454.78 to Amie O'Brien.
92	(3)  $311,212.04 to Amie O'Brien, which shall be used in
93	its entirety to purchase an annuity for the exclusive use and
94	benefit of Hailey Morgan Stephenson, a minor.
95	(4)  $163,697.53 to Amie O'Brien, which shall be used in
96	its entirety to purchase an annuity for the exclusive use and
97	benefit of Christian Darby Stephenson, II, a minor.
98	Section 4.  This act shall take effect upon becoming a law.

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