Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 4
                                Barcode 452778                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             01/10/2012 03:20 PM       .                                

       Senator Benacquisto moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    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.
   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.
   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,