Florida Senate - 2012                              (NP)    SB 54
       
       
       
       By Senator Negron
       
       
       
       
       28-00178A-12                                            201254__
    1                        A bill to be entitled                      
    2         An act for the relief of Carl Abbott by the Palm Beach
    3         County School Board; providing for an appropriation to
    4         compensate Carl Abbott for injuries sustained as a
    5         result of the negligence of the Palm Beach County
    6         School District; providing a limitation on the payment
    7         of fees and costs; providing an effective date.
    8  
    9         WHEREAS, on June 30, 2008, 67-year-old Carl Abbott was
   10  struck by a school bus driven by an employee of the Palm Beach
   11  County School District while Mr. Abbott was crossing the street
   12  in a designated crosswalk at the intersection of South Anchorage
   13  Drive and U.S. 1 in Palm Beach County, and
   14         WHEREAS, as a result of the accident, Carl Abbott suffered
   15  a closed-head injury, traumatic brain injury, subdural hematoma,
   16  and subarachnoid hemorrhage, and
   17         WHEREAS, as a result of his injuries, Carl Abbott must now
   18  reside in a nursing home, suffers from loss of cognitive
   19  function, right-sided paralysis, immobility, urinary
   20  incontinence, bowel incontinence, delirium, and an inability to
   21  speak, and must obtain nutrition through a feeding tube, and
   22         WHEREAS, the Palm Beach County School Board unanimously
   23  passed a resolution in support of settling the lawsuit that was
   24  filed in this case, tendered payment of $100,000 to Carl Abbott,
   25  in accordance with the statutory limits of liability set forth
   26  in s. 768.28, Florida Statutes, and does not oppose the passage
   27  of this claim bill in favor of Carl Abbott in the amount of
   28  $1,900,000, as structured, NOW, THEREFORE,
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. The facts stated in the preamble to this act are
   33  found and declared to be true.
   34         Section 2. The Palm Beach County School Board is authorized
   35  and directed to appropriate from funds of the school board not
   36  otherwise appropriated and to draw warrants in the amount of
   37  $211,111.11 each fiscal year beginning in 2012 through 2019,
   38  inclusive, and $211,111.12 in the 2020 fiscal year for a total
   39  of $1,900,000, payable to David Abbott, guardian of Carl Abbott,
   40  as compensation for injuries and damages sustained as a result
   41  of the negligence of an employee of the Palm Beach County School
   42  District. The payments shall cease upon the death of Carl Abbott
   43  if he dies prior to the last payment being made. However, David
   44  Abbott, as guardian of Carl Abbott, shall be guaranteed a
   45  minimum payment amount of $633,333.33 if Carl Abbott dies within
   46  3 years after the effective date of this act. The amount
   47  represents three annual payments and shall be payable on the
   48  annual due dates.
   49         Section 3. The amount paid by the Palm Beach County School
   50  Board pursuant to s. 768.28, Florida Statutes, and this award
   51  are intended to provide the sole compensation for all present
   52  and future claims against the Palm Beach County School District
   53  arising out of the factual situation that resulted in the
   54  injuries to Carl Abbott as described in this act. The total
   55  amount paid for attorney’s fees, lobbying fees, costs, and other
   56  similar expenses relating to this claim may not exceed 25
   57  percent of the total amount awarded under this act.
   58         Section 4. This act shall take effect upon becoming a law.