| 1 | A bill to be entitled |
| 2 | An act for the relief of Erskin Bell, II, by the City of |
| 3 | Altamonte Springs; providing an appropriation to |
| 4 | compensate him for injuries and damages sustained as the |
| 5 | result of negligence by the City of Altamonte Springs; |
| 6 | providing a limitation on the payment of fees and costs; |
| 7 | providing an effective date. |
| 8 |
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| 9 | WHEREAS, in the fall of 2008, Erskin Bell, II, was a 20- |
| 10 | year-old college student studying to be an air traffic |
| 11 | controller, and |
| 12 | WHEREAS, on November 30, 2008, Mr. Bell was a passenger in |
| 13 | a 2001 Honda Civic driven by his friend, 18-year-old Jennifer |
| 14 | Hernandez. Ms. Hernandez and Mr. Bell were stopped at a red |
| 15 | light at the intersection of Maitland Boulevard and Bear Lake |
| 16 | Road just southwest of Altamonte Springs, in Orlando. While |
| 17 | stopped at the traffic signal, their vehicle was struck from |
| 18 | behind by an Altamonte Springs police car driven by Officer Mark |
| 19 | Edward Maupin, and |
| 20 | WHEREAS, Officer Maupin was traveling at more than 100 |
| 21 | miles per hour when he hit the rear of the vehicle occupied by |
| 22 | Ms. Hernandez and Mr. Bell. The force of the resulting wreck was |
| 23 | so severe that it demolished the car occupied by Ms. Hernandez |
| 24 | and Mr. Bell. Mr. Bell was rendered unconscious by the impact |
| 25 | and both Mr. Bell and Ms. Hernandez were airlifted to Orlando |
| 26 | Regional Medical Center. Mr. Bell sustained catastrophic |
| 27 | injuries, including massive skull fractures to his head and |
| 28 | face, intracranial hemorrhaging, massive bilateral brain damage, |
| 29 | and numerous internal injuries. Ms. Hernandez was hospitalized |
| 30 | with a skull fracture. Officer Maupin also suffered a skull |
| 31 | fracture and was taken to Florida Hospital South, and |
| 32 | WHEREAS, Erskin Bell has never regained consciousness and |
| 33 | remains in a coma, requires 24-hour care, and the professional |
| 34 | Life Care Plan estimates that about $30 million will be required |
| 35 | to provide care for Mr. Bell for his remaining life expectancy, |
| 36 | and |
| 37 | WHEREAS, the City of Altamonte Springs entered into a |
| 38 | settlement agreement with Erskin Bell's father, as guardian for |
| 39 | his son, to pay the $100,000 allowed under s. 768.28, Florida |
| 40 | Statutes, relating to sovereign immunity, and an additional $2 |
| 41 | million, which is the limit of the city's municipal trust |
| 42 | coverage through the Florida League of Cities, to cover the cost |
| 43 | of Mr. Bell's current and future health care, and |
| 44 | WHEREAS, due to the need to expeditiously establish a |
| 45 | Special Needs Trust to cover those costs, the City of Altamonte |
| 46 | Springs has already paid $1.95 million to establish the Special |
| 47 | Needs Trust, and |
| 48 | WHEREAS, the City of Altamonte Springs has agreed to |
| 49 | support a claim bill by the Legislature in the amount of |
| 50 | $150,000 in favor of Erskin Bell, II, to pay the remainder of |
| 51 | the agreed amount, NOW, THEREFORE, |
| 52 |
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| 53 | Be It Enacted by the Legislature of the State of Florida: |
| 54 |
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| 55 | Section 1. The facts stated in the preamble to this act |
| 56 | are found and declared to be true. |
| 57 | Section 2. The City of Altamonte Springs is directed to |
| 58 | appropriate from funds of the city not otherwise appropriated |
| 59 | and to draw a warrant in the sum of $150,000, payable to the |
| 60 | Special Needs Trust created for the exclusive use and benefit of |
| 61 | Erskin Bell, II, as compensation for injuries and damages |
| 62 | sustained. |
| 63 | Section 3. The amount paid by the City of Altamonte |
| 64 | Springs pursuant to the settlement agreement between Erskin |
| 65 | Bell, II, and the City of Altamonte Springs and the amount |
| 66 | awarded under this act are intended to provide the sole |
| 67 | compensation for all present and future claims against the City |
| 68 | of Altamonte Springs or the City of Altamonte Springs Police |
| 69 | Department arising out of the factual situation described in |
| 70 | this act which resulted in the injuries and damages to Erskin |
| 71 | Bell, II. The total amount paid for attorney's fees, lobbying |
| 72 | fees, costs, and other similar expenses relating to this claim |
| 73 | may not exceed 25 percent of the total amount awarded under this |
| 74 | act. |
| 75 | Section 4. This act shall take effect upon becoming a law. |