Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 42
       
       
       
       
       
       
                                Barcode 190354                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/05/2011 05:57 PM       .                                
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       Senator Benacquisto moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The facts stated in the preamble to this act are
    6  found and declared to be true.
    7         Section 2. The Sheriff of Broward County is authorized and
    8  directed to appropriate from funds of the Broward County
    9  Sheriff’s Office not otherwise appropriated and to draw a
   10  warrant payable to Eric Brody in the sum of $12 million as
   11  compensation for injuries and damages sustained as a result of
   12  the negligence of the Broward County Sheriff’s Office.
   13         Section 3. The amount paid by the Broward County Sheriff’s
   14  Office pursuant to s. 768.28, Florida Statutes, and the amount
   15  awarded under this act are intended to provide the sole
   16  compensation for all claims arising out of the facts described
   17  in this act which resulted in the injuries to Eric Brody. The
   18  total amount of attorney’s fees, lobbying fees, costs, and other
   19  similar expenses may not exceed 25 percent of the total amount
   20  awarded under sections 2 and 3 of this act and shall be paid
   21  exclusively to the attorneys and lobbyists currently retained by
   22  the claimants at the time this act becomes a law and for their
   23  benefit only.
   24         Section 4. It is the intent of the Legislature that all
   25  lien interests held by the state resulting from the treatment
   26  and care of Eric Brody for the events described in the preamble
   27  of this act are not waived and extinguished, and the claimant’s
   28  guardianship is not relieved of any obligation to reimburse
   29  Medicaid, Medicare, or the Agency for Health Care Administration
   30  for such expenses pursuant to s. 409.910, Florida Statutes. The
   31  claimant’s guardianship shall pay the amount due under s.
   32  409.910, Florida Statutes, prior to distributing any funds to
   33  the claimant.
   34         Section 5. This act shall take effect upon becoming a law.
   35  
   36  ================= T I T L E  A M E N D M E N T ================
   37         And the title is amended as follows:
   38         Delete everything before the enacting clause
   39  and insert:
   40                        A bill to be entitled                      
   41         An act for the relief of Eric Brody by the Broward
   42         County Sheriff’s Office; providing for an
   43         appropriation to compensate Eric Brody for injuries
   44         sustained as a result of the negligence of the Broward
   45         County Sheriff’s Office; providing a limitation on the
   46         payment of fees and costs related to the claim against
   47         the Broward County Sheriff’s Office; providing
   48         legislative intent to prohibit a waiver of lien
   49         interests held by the state; requiring that the
   50         guardianship pay any such liens before distributing
   51         funds to the claimant; providing an effective date.
   52  
   53         WHEREAS, on the evening of March 3, 1998, 18-year-old Eric
   54  Brody, a college-bound high school senior, was returning home
   55  from his part-time job at the Sawgrass Mills Sports Authority.
   56  Eric was driving his 1982 AMC Concord eastbound on Oakland Park
   57  Boulevard in Sunrise, Florida, and
   58         WHEREAS, that same evening, Broward County Sheriff’s Deputy
   59  Christopher Thieman, who had been visiting his girlfriend and
   60  was running late for duty, was driving his Broward County
   61  Sheriff’s Office cruiser westbound on Oakland Park Boulevard. At
   62  the time he left his girlfriend’s house, Deputy Thieman had less
   63  than 15 minutes to travel 11 miles to make roll call on time,
   64  which was mandatory pursuant to sheriff’s office policy and
   65  procedure, and
   66         WHEREAS, at approximately 10:36 p.m., Eric Brody began to
   67  make a left-hand turn into his neighborhood at the intersection
   68  of N.W. 117th Avenue and Oakland Park Boulevard. Deputy Thieman,
   69  who was driving in excess of the 45-mile-per-hour posted speed
   70  limit and traveling in the opposite direction, was not within
   71  the intersection and was more than 430 feet away from Eric
   72  Brody’s car when Eric Brody began the turn. Eric Brody’s car
   73  cleared two of the three westbound lanes on Oakland Park
   74  Boulevard, and
   75         WHEREAS, Deputy Thieman, who was traveling in the inside
   76  westbound lane closest to the median, suddenly and inexplicably
   77  steered his vehicle to the right, across the center lane and
   78  into the outside lane, where the front end of his car struck the
   79  passenger side of Eric’s car with great force, just behind the
   80  right front wheel and near the passenger door, and
   81         WHEREAS, Deputy Thieman testified at trial that although he
   82  knew that the posted speed limit was 45 miles per hour, he
   83  refused to provide an estimate as to how fast he was traveling
   84  before the crash, and
   85         WHEREAS, despite the appearance of a conflict of interest,
   86  the Broward County Sheriff’s Office chose to conduct the
   87  official crash investigation instead of deferring to the City of
   88  Sunrise Police Department, which also had jurisdiction, or the
   89  Florida Highway Patrol (FHP), which often investigates motor
   90  vehicle collisions involving non-FHP law enforcement officers so
   91  as to avoid any possible conflict of interest, and
   92         WHEREAS, in the course of the investigation, the Broward
   93  County Sheriff’s Office lost key evidence from the crashed
   94  vehicles and did not report any witnesses even though the first
   95  responders to the crash scene were police officers from the City
   96  of Sunrise, and
   97         WHEREAS, the Broward County detective who led the crash
   98  investigation entered inaccurate data into a computerized
   99  accident reconstruction program which skewed the speed that
  100  Deputy Thieman was driving, but, nevertheless, determined that
  101  he was still traveling well over the speed limit, and
  102         WHEREAS, accident reconstruction experts called by both
  103  parties testified that Deputy Thieman was driving at least 60 to
  104  more than 70 miles per hour when his vehicle slammed into the
  105  passenger side of Eric Brody’s car, and
  106         WHEREAS, Eric Brody was found unconscious 6 minutes later
  107  by paramedics, his head and upper torso leaning upright and
  108  toward the passenger-side door. Although he was out of his
  109  shoulder harness and seat belt by the time paramedics arrived,
  110  the Brody’s attorney proved that Eric was wearing his seat belt
  111  and that the 16-year-old seat belt buckle failed during the
  112  crash. Photographs taken at the scene by the sheriff’s office
  113  investigators showed the belt to be fully spooled out because
  114  the retractor was jammed, with the belt dangling outside the
  115  vehicle from the driver-side door, providing proof that Eric
  116  Brody was wearing his seat belt and shoulder harness during the
  117  crash, and
  118         WHEREAS, accident reconstruction and human factor experts
  119  called by both the plaintiff and the defendant agreed that if
  120  Deputy Thieman been driving at the speed limit, Eric Brody would
  121  have easily completed his turn, and
  122         WHEREAS, the experts also agreed that if Deputy Thieman
  123  simply remained within his lane of travel, regardless of his
  124  speed, there would not have been a collision, and
  125         WHEREAS, in order to investigate the seat-belt defense,
  126  experts for Eric Brody recreated the accident using an exact
  127  car-to-car crash test that was conducted by a nationally
  128  recognized crash test facility. The crash test involved vehicles
  129  identical to the Brody and Thieman vehicles, a fully
  130  instrumented hybrid III dummy, and high-speed action cameras,
  131  and
  132         WHEREAS, the crash test proved that Eric Brody was wearing
  133  his restraint system during the crash because the seat-belted
  134  test dummy struck its head on the passenger door within inches
  135  of where Eric Brody’s head actually struck the passenger door,
  136  and
  137         WHEREAS, when Eric Brody’s head struck the passenger door
  138  of his vehicle, the door crushed inward from the force of the
  139  impact with the police cruiser while at the same time his upper
  140  torso was moving toward the point of impact and the passenger
  141  door. The impact resulted in skull fractures and massive brain
  142  sheering, bleeding, bruising, and swelling, and
  143         WHEREAS, Eric Brody was airlifted by helicopter to Broward
  144  General Hospital where he was placed on a ventilator and
  145  underwent an emergency craniotomy and neurosurgery. He began to
  146  recover from a deep coma more than 7 months after his injury and
  147  underwent extensive rehabilitation, having to relearn how to
  148  walk, talk, feed himself, and perform other basic functions, and
  149         WHEREAS, Eric Brody, who is now 30 years old, has been left
  150  profoundly brain-injured, lives with his parents, and is mostly
  151  isolated from his former friends and other young people his age.
  152  His speech is barely intelligible and he has significant
  153  cognitive dysfunction, judgment impairment, memory loss, and
  154  neuro-visual disabilities. Eric Brody also has impaired fine and
  155  gross motor skills and very poor balance. Although Eric is able
  156  to use a walker for short distances, he mostly uses a wheelchair
  157  to get around. The entire left side of his body is partially
  158  paralyzed and spastic, and he needs help with many of his daily
  159  functions. Eric Brody is permanently and totally disabled;
  160  however, he has a normal life expectancy, and
  161         WHEREAS, the cost of Eric Brody’s life care plan is nearly
  162  $10 million, and he has been left totally dependent on public
  163  health programs and taxpayer assistance since 1998, and
  164         WHEREAS, the Broward County Sheriff’s Office was insured
  165  for this claim through Ranger Insurance Company and paid more
  166  than $400,000 for liability coverage that has a policy limit of
  167  $3 million, and
  168         WHEREAS, Ranger Insurance Company ignored seven demand
  169  letters and other attempts by the Brodys to settle the case for
  170  the policy limit, and instead chose to wait for more than 7
  171  years following the date of the accident until the day the trial
  172  judge specially set the case for trial before offering to pay
  173  the policy limit. By that time nearly $750,000 had been spent
  174  preparing the case for trial, and Eric Brody had past due bills
  175  and liens of nearly $1.5 million for health and rehabilitative
  176  care services. Because so much money had been spent preparing
  177  the case for trial, the exhorbitant costs of Eric Brody’s
  178  medical bills and liens, and the costs of future care continued
  179  to escalate, settlement for the policy limit was no longer
  180  feasible, and
  181         WHEREAS, on December 1, 2005, after a 2-month trial, a
  182  Broward County jury consisting of three men and three women
  183  found that that Deputy Thieman and the Broward County Sheriff’s
  184  Office were 100 percent negligent, and Eric Brody was not
  185  comparatively negligent, and
  186         WHEREAS, the jury found Eric Brody’s damages to be
  187  $30,609,298, including a determination that his past and future
  188  care and other economic damages were $11,326,216, and
  189         WHEREAS, final judgment was entered for $30,609,298, and
  190  the court entered a cost judgment for $270,372.30, and
  191         WHEREAS, the court denied the Broward County Sheriff’s
  192  Office posttrial motions for judgment notwithstanding the
  193  verdict, new trial, or remittitur, and
  194         WHEREAS, the insurer of the Broward County Sheriff’s Office
  195  retained appellate counsel and elected to appeal the final
  196  judgment but not the cost judgment, and
  197         WHEREAS, the Fourth District Court of Appeal upheld the
  198  verdict in the fall of 2007, and
  199         WHEREAS, the insurer of the Broward County Sheriff’s Office
  200  subsequently petitioned the Florida Supreme Court to seek
  201  another appeal, but the petition was denied in April of 2008,
  202  and
  203         WHEREAS, all legal remedies for all parties involved have
  204  been exhausted and this case is ripe for a claim bill, and
  205         WHEREAS, the Broward County Sheriff’s Office has paid
  206  $200,000 pursuant to s. 768.28, Florida Statutes, and the amount
  207  of $12 million is sought through the submission of a claim bill
  208  to the Legislature, NOW, THEREFORE,