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.