Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for SB 38 Barcode 369386 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 03/07/2012 03:15 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia 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 District School Board of Sumter County is 8 authorized and directed to appropriate from funds of the school 9 board not otherwise appropriated and from available insurance 10 proceeds and to draw a warrant payable to Donald Brown in the 11 amount of $900,000. In addition, the District School Board of 12 Sumter County is further authorized and directed to appropriate 13 from funds of the school board not otherwise appropriated and to 14 draw a warrant payable to Donald Brown in the sum of $50,000 by 15 July 1 of each year beginning in 2013 through 2022, inclusive, 16 for a total of $500,000. The total amount awarded under this act 17 is $1,400,000. 18 Section 3. The compensation awarded under this act is 19 intended to provide the sole compensation for all present and 20 future claims arising out of the factual situation described in 21 this act which resulted in the injuries to Donald Brown. The 22 total amount paid for attorney’s fees, lobbying fees, costs, and 23 other similar expenses relating to this claim may not exceed 15 24 percent of the first $1,000,000 awarded under this act, and 10 25 percent of the remainder awarded under this act, for a total of 26 $190,000. 27 Section 4. This act shall take effect upon becoming a law. 28 29 ================= T I T L E A M E N D M E N T ================ 30 And the title is amended as follows: 31 Delete everything before the enacting clause 32 and insert: 33 A bill to be entitled 34 An act for the relief of Donald Brown by the District 35 School Board of Sumter County; providing for an 36 appropriation to compensate Donald Brown for injuries 37 sustained as a result of the negligence of an employee 38 of the District School Board of Sumter County; 39 providing a limitation on the payment of fees and 40 costs; providing an effective date. 41 42 WHEREAS, on October 18, 2004, at approximately 6:45 a.m., 43 Donald Brown was driving his Harley-Davidson motorcycle 44 eastbound on County Road 470 and was approaching the 45 intersection with County Road 475 in Bushnell, Florida, and 46 WHEREAS, Patsy C. Foxworth was operating a school bus, 47 owned by the District School Board of Sumter County, on County 48 Road 475 in Bushnell, Florida, and 49 WHEREAS, Patsy C. Foxworth was operating and driving the 50 motor vehicle with the permission and consent of its owner, the 51 District School Board of Sumter County, and 52 WHEREAS, at that time and place, Patsy C. Foxworth 53 negligently operated the Sumter County school bus by pulling in 54 front of Donald Brown in an attempt to make a left turn, which 55 caused a collision with his motorcycle, and 56 WHEREAS, the District School Board of Sumter County is 57 vicariously liable for the negligence of Patsy C. Foxworth under 58 the doctrine of respondeat superior, s. 768.28(9)(a), Florida 59 Statutes, and 60 WHEREAS, upon the impact with the Sumter County school bus, 61 Donald Brown sustained a life-changing injury, and his right 62 lower leg was amputated instantly below the knee as his leg and 63 foot were pinned between the bumper of the bus and motorcycle, 64 and 65 WHEREAS, Donald Brown seeks to recover damages for his 66 bodily injury, including a permanent injury to the body as a 67 whole, past and future pain and suffering of both a physical and 68 mental nature, disability, physical impairment, disfigurement, 69 mental anguish, inconvenience, loss of capacity for the 70 enjoyment of life, expense of hospitalization, medical and 71 nursing care and treatment, loss of earnings, loss of ability to 72 earn money, and loss of ability to lead and enjoy a normal life, 73 and 74 WHEREAS, Donald Brown was airlifted to Orlando Regional 75 Medical Center and was hospitalized from October 18, 2004, to 76 October 27, 2004, where he was taken to surgery on October 18, 77 2004, to complete a below-the-knee amputation of his right leg, 78 and 79 WHEREAS, Donald Brown underwent additional surgeries on 80 October 25, 2004, and October 28, 2004, to care for the wound 81 and to do skin grafts from his left thigh to cover an area of 82 approximately 45 by 30 cm on his right leg, and 83 WHEREAS, Donald Brown was transferred to Shands Hospital in 84 Gainesville, Florida, for rehabilitation from November 2, 2004, 85 to November 12, 2004, and 86 WHEREAS, as a result of the injuries incurred on October 87 18, 2004, Donald Brown required the use of a prosthetic leg, 88 which resulted in ulcers requiring additional surgery on January 89 17, 2006, and 90 WHEREAS, the effects of the injuries have been devastating, 91 restricting Donald Brown’s ability to work and enjoy life, and 92 WHEREAS, Donald Brown incurred medical expenses in the 93 amount of $421,693.60 and was medically retired from his federal 94 employment at the Federal Bureau of Prisons in Coleman, Florida, 95 where he was earning $42,000 a year, and 96 WHEREAS, Donald Brown lived a full life before his accident 97 on October 18, 2004, had a zest and vigor for life, and was very 98 active in recreational, social, and sporting activities, and 99 WHEREAS, a lawsuit was brought against the District School 100 Board of Sumter County by Donald Brown, and, after a lengthy 101 jury trial, the jury found the school board liable for Donald 102 Brown’s injuries and awarded him damages in the amount of 103 $2,941,240.60, and 104 WHEREAS, the Honorable Michelle T. Morley, Circuit Court 105 Judge from the Fifth Judicial Circuit in Sumter County, entered 106 a final judgment on March 2, 2009, reducing the final verdict to 107 $2,651,375.83, plus taxable costs in the amount of $31,674.12 108 and interest to accrue on the amount of the judgment at a rate 109 of 11 percent per annum from the date that the judgment was 110 rendered until payment, and 111 WHEREAS, the District School Board of Sumter County filed a 112 notice of appeal of the judgment on March 30, 2009, which was 113 affirmed by the Fifth District Court of Appeal on February 18, 114 2011, and 115 WHEREAS, Donald Brown is receiving continuous medical care 116 for his injuries, including two surgeries after the trial, the 117 first surgery occurring on September 16 and 17, 2009, at Orlando 118 Regional Medical Center due to a bone infection on his right 119 leg, and the second surgery occurring on August 27, 2010, at the 120 Jewish Hospital in Louisville, Kentucky, due to complications 121 with his right leg resulting in an above-the-knee amputation, 122 and 123 WHEREAS, the District School Board of Sumter County has 124 paid $100,000 pursuant to the statutory limits of liability set 125 forth in s. 768.28, Florida Statutes, and 126 WHEREAS, the remainder of the judgment is sought through 127 the submission of a claim bill to the Legislature, NOW, 128 THEREFORE,