Florida Senate - 2014                              (NP)    SB 56
       
       
        
       By Senator Legg
       
       
       
       
       
       17-00135-14                                             201456__
    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 $1.9
   28  million, 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 2014 through 2021,
   38  inclusive, and $211,111.12 in the 2022-2023 fiscal year for a
   39  total of $1.9 million, payable to David Abbott, guardian of Carl
   40  Abbott, as compensation for injuries and damages sustained as a
   41  result of the negligence of an employee of the Palm Beach County
   42  School District. The payments shall cease upon the death of Carl
   43  Abbott if he dies before the last payment is made. However,
   44  David 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. This 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 the amount
   51  awarded under this act are intended to provide the sole
   52  compensation for all present and future claims against the Palm
   53  Beach County School District arising out of the factual
   54  situation that resulted in the injuries to Carl Abbott as
   55  described in the preamble to this act. The total amount paid for
   56  attorney fees, lobbying fees, costs, and other similar expenses
   57  relating to this claim may not exceed 25 percent of the total
   58  amount awarded under this act.
   59         Section 4. This act shall take effect upon becoming a law.