HB 525

1	A bill to be entitled
2	An act for the relief of Eric Brody by the Broward County
3	Sheriff's Office; providing for an appropriation to
4	compensate Eric Brody for injuries sustained as a result
5	of the negligence of the Broward County Sheriff's Office;
6	providing a limitation on the payment of fees and costs;
7	providing an effective date.
8
9	WHEREAS, on the evening of March 3, 1998, 18-year-old Eric
10	Brody was returning home from his part-time job at the Sawgrass
11	Mills Sports Authority, driving his 1982 AMC Concord eastbound
12	on Oakland Park Boulevard in Sunrise, Florida, and
13	WHEREAS, that same evening, Broward County Sheriff's Deputy
14	Christopher Thieman was driving his Broward County Sheriff's
15	Office cruiser westbound on Oakland Park Boulevard on his way to
16	work at the Weston Station, and
17	WHEREAS, at approximately 10:36 p.m., Eric Brody attempted
18	to make a left-hand turn into his neighborhood at the
19	intersection of N.W. 117th Avenue and Oakland Park Boulevard,
20	and
21	WHEREAS, Deputy Thieman's vehicle struck the passenger side
22	of Eric Brody's car, and
23	WHEREAS, Eric Brody suffered severe injuries as a result of
24	the collision, resulting in Eric Brody being disabled, and
25	WHEREAS, the Brody family alleged in their lawsuit against
26	the Broward County Sheriff's Office that Deputy Thieman was
27	negligent in the operation of his vehicle, and
28	WHEREAS, on December 1, 2005, a Broward County jury found
29	that Deputy Thieman and the Broward County Sheriff's Office were
30	100 percent negligent and Eric Brody was not comparatively
31	negligent, and rendered a verdict in favor of the then 25-year-
32	old Eric Brody and his legal guardians, and
33	WHEREAS, judgment was entered shortly after the jury
34	verdict and has become final, and
35	WHEREAS, the Broward County Sheriff's Office had a
36	liability insurance policy issued by Ranger Insurance Company
37	that affords coverage for Eric Brody's claims against the
38	Broward County Sheriff's Office up to the policy limit of
39	$3,000,000, and
40	WHEREAS, Ranger Insurance Company has paid, on behalf of
41	the Broward County Sheriff's Office, $200,000 pursuant to the
42	limits of liability set forth under s. 768.28, Florida Statutes,
43	and, therefore, all legal remedies have been exhausted and a
44	claim bill is the only avenue available to further compensate
45	Eric Brody for his injuries, and
46	WHEREAS, it is in the interest of Eric Brody, his legal
47	guardians, and the Broward County Sheriff's Office to reach a
48	final resolution of all claims arising out of Eric Brody's
49	injury, and
50	WHEREAS, the remaining insurance coverage available to the
51	Broward County Sheriff's Office under its liability insurance
52	policy issued by Ranger Insurance Company for the claims brought
53	against the Broward County Sheriff's Office by Eric Brody and
54	his legal guardians is $2,800,000, and
55	WHEREAS, Ranger Insurance Company has agreed to pay the sum
56	of $2,800,000, the remaining insurance coverage available on its
57	policy, to fund this claim bill, NOW, THEREFORE,
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  The facts stated in the preamble to this act
62	are found and declared to be true.
63	Section 2.  The Sheriff of Broward County is authorized and
64	directed to draw a warrant payable to Eric Brody and his legal
65	guardians in the sum of $2,800,000 upon payment of such sum to
66	the Broward County Sheriff's Office by its liability insurer,
67	Ranger Insurance Company, as full compensation for injuries and
68	damages sustained by Eric Brody and his legal guardians.
69	Section 3.  The amount awarded under this act is pursuant
70	to the waiver of sovereign immunity permitted under s. 768.28,
71	Florida Statutes, and is intended to provide the sole
72	compensation for all claims against the Broward County Sheriff's
73	Office, any and all persons employed by the Broward County
74	Sheriff's Office presently or in the past, and Ranger Insurance
75	Company, including all affiliates and agents thereof, arising
76	out of the fact of or in any manner related to the injuries to
77	Eric Brody and the subsequent management of the claim and the
78	litigation. Upon tender by the Broward County Sheriff's Office
79	of the sum specified in section 2, the Broward County Sheriff's
80	Office, any and all persons employed by the Broward County
81	Sheriff's Office presently or in the past, and Ranger Insurance
82	Company, including all affiliates and agents thereof, shall be
83	deemed to have satisfied any and all obligations to Eric Brody
84	and any other persons for all injuries and damages arising out
85	of the fact of or in any manner related to the injuries to Eric
86	Brody and the subsequent management of the claim and the
87	litigation. Upon accepting the tender by the Broward County
88	Sheriff's Office, Eric Brody and his guardians shall
89	simultaneously provide to the Broward County Sheriff's Office
90	and Ranger Insurance Company, including all affiliates and
91	agents thereof, a complete release and satisfaction of judgment
92	with respect to any and all obligations to Eric Brody and any
93	other persons for all injuries and damages arising out of the
94	fact of or in any manner related to the injuries to Eric Brody
95	and the subsequent management of the claim and the litigation.
96	Section 4.  The total amount paid for attorney's fees,
97	lobbying fees, costs, and other similar expenses relating to the
98	adoption of this act is to be paid only to the claimant's
99	attorneys and lobbyists and may not exceed 25 percent of the
100	total amount awarded under section 2.
101	Section 5.  This act shall take effect upon becoming a law.

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