Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for SB 4
Barcode 452778
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
01/10/2012 03:20 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
6 Section 1. The facts stated in the preamble to this act are
7 found and declared to be true.
8 Section 2. The insurer of the Sheriff of Broward County has
9 agreed to, and is authorized and directed to pay $10,750,000 on
10 behalf of the Broward County Sheriff’s Office to the
11 Guardianship of Eric Brody as compensation by the Broward
12 Sheriff’s Office and its insurer, Fairmont Specialty Insurance
13 Company, f/k/a Ranger Insurance Company, for injuries brought
14 about by the facts set forth in the preamble of this act.
15 Section 3. This award is the sole compensation for all
16 present and future claims, including all attorney fees, lobbying
17 fees, and related costs, arising out of the factual situation
18 described in this act which resulted in the injuries to Eric
19 Brody, and hereby releases the Broward County Sheriff’s Office
20 and Fairmont Specialty Insurance Company, f/k/a Ranger Insurance
21 Company, the Broward County Board of County Commissioners,
22 Broward County, and Christopher Thieman from any further
23 liability. The total amount of attorney fees, lobbying fees, and
24 related costs may not exceed 25 percent of the total amount
25 awarded under this act. The attorney fees, lobbying fees and
26 related costs are to be paid to and for the benefit of the
27 Guardianship’s representatives registered pursuant to s. 11.045,
28 Florida Statutes.
29 Section 4. It is the intent of the Legislature that all
30 lien interests relating to the claim of the Guardianship of Eric
31 Brody and the treatment and care of Eric Brody, including
32 Medicaid liens and any charging lien in excess of the sovereign
33 immunity cap, are hereby waived or extinguished.
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 regarding lien interests held by
49 the state; providing an effective date.
50
51 WHEREAS, on March 3, 1998, Eric Brody was driving home in
52 his 1982 AMC Concord eastbound on Oakland Park Boulevard in
53 Sunrise, Florida, and
54 WHEREAS, that same evening, Broward County Sheriff’s Deputy
55 Christopher Thieman was driving his Broward County Sheriff’s
56 Office cruiser on his way to work, and
57 WHEREAS, Deputy Thieman struck Eric Brody’s car, leaving
58 Eric profoundly injured, and
59 WHEREAS, the case was tried to a jury and the court
60 rendered a final judgment of $30,879,670.30, and
61 WHEREAS, the parties have reached a settlement in the
62 amount of $10,750,000, with other terms of value, and $200,000
63 has been paid pursuant to the limits of liability set forth in
64 s. 768.28, Florida Statutes, NOW, THEREFORE,