HB 9

1	A bill to be entitled
2	An act for the relief of Stephen Hall; providing an
3	appropriation to compensate Stephen Hall for injuries
4	sustained as a result of the negligence of an employee of
5	the Department of Transportation; providing a limitation
6	of the payment of fees and costs; providing an effective
7	date.
8
9	WHEREAS, on June 30, 1997, Stephen Hall was a passenger in
10	a vehicle driven by his father, Edward Hall, traveling westbound
11	on State Road 500 in Brevard County, Florida, and
12	WHEREAS, David Eaker, an employee of the Department of
13	Transportation, was stopped on the north shoulder of State Road
14	500, headed in the same direction as the Hall vehicle, and
15	WHEREAS, as the Hall vehicle approached his vehicle, David
16	Eaker pulled into the path of the Hall vehicle, resulting in a
17	collision between the two vehicles, and
18	WHEREAS, Stephen Hall was injured and was transported by
19	ambulance to Holmes Regional Medical Center in Melbourne, where
20	he was treated for multiple traumatic injuries, including
21	multiple facial fractures and lacerations; multiple intra-oral
22	mucosal lacerations; and orthopedic injuries to his right arm
23	and shoulder, neck, and both knees, and
24	WHEREAS, as a result of the injuries, Stephen Hall was
25	subjected to multiple surgeries and physical therapy, will
26	likely need additional surgery for the injuries in the future,
27	missed 2 years of school, has suffered from mood swings and
28	depression, and has permanent facial disfigurement and
29	continuing problems as a result of the injuries, and
30	WHEREAS, Stephen Hall's medical expenses total $51,586.81
31	to date, and
32	WHEREAS, David Eaker was determined to be at fault and was
33	charged with failure to yield the right-of-way, and
34	WHEREAS, the Halls filed suit in the Eighteenth Judicial
35	Circuit, in and for Brevard County, against the Department of
36	Transportation in case number 05-2001-CA-006293, and
37	WHEREAS, the parties mediated the case and reached a
38	settlement of all claims, and
39	WHEREAS, the parties entered into a settlement agreement in
40	which the Department of Transportation admitted liability and
41	agreed to the entry of a consent judgment in the amount of
42	$500,000, and
43	WHEREAS, the Department of Transportation has previously
44	paid $112,000 to the claimant and agreed to affirmatively
45	support a claim bill in the amount of $388,000, NOW, THEREFORE,
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  The facts stated in the preamble to this act
50	are found and declared to be true.
51	Section 2.  The Executive Office of the Governor is
52	directed to establish spending authority from unappropriated
53	trust fund balances in the Department of Transportation in the
54	amount of $388,000 to a new category titled "Relief: Stephen
55	Hall" as relief for injuries and damages sustained, which amount
56	includes attorney's fees and costs.
57	Section 3.  The Chief Financial Officer is directed to draw
58	a warrant, pursuant to the Stipulated Settlement Agreement
59	executed by the Department of Transportation and Stephen Hall,
60	in the sum of $388,000, upon funds of the Department of
61	Transportation in the State Treasury, and the Chief Financial
62	Officer is directed to pay the same out of funds in the State
63	Treasury.
64	Section 4.  Any amount awarded under this act pursuant to
65	the waiver of sovereign immunity permitted under s. 768.28,
66	Florida Statutes, and this award is intended to provide the sole
67	compensation for all present and future claims arising out of
68	the factual situation described in the preamble to this act
69	which resulted in the injury to Stephen Hall. The total amount
70	paid for attorney's fees, lobbying fees, costs, and other
71	similar expenses relating to this claim may not exceed 25
72	percent of the amount awarded under section 2.
73	Section 5.  This act shall take effect upon becoming a law.

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