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) 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,