Florida Senate - 2015 (NP) SB 68 By Senator Legg 17-00036-15 201568__ 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 an employee of the Palm 6 Beach County School District; providing a limitation 7 on the payment of fees and costs; providing an 8 effective date. 9 10 WHEREAS, on June 30, 2008, 67-year-old Carl Abbott was 11 struck by a school bus driven by an employee of the Palm Beach 12 County School District while Mr. Abbott was crossing the street 13 in a designated crosswalk at the intersection of South Anchorage 14 Drive and U.S. 1 in Palm Beach County, and 15 WHEREAS, as a result of the accident, Carl Abbott suffered 16 a closed head injury, traumatic brain injury, subdural hematoma, 17 and subarachnoid hemorrhage, and 18 WHEREAS, as a result of his injuries, Carl Abbott must now 19 reside in a nursing home, suffers from loss of cognitive 20 function, right-sided paralysis, immobility, urinary 21 incontinence, bowel incontinence, delirium, and an inability to 22 speak, and must obtain nutrition through a feeding tube, and 23 WHEREAS, the Palm Beach County School Board unanimously 24 passed a resolution in support of settling the lawsuit that was 25 filed in this case, tendered payment of $100,000 to Carl Abbott 26 in accordance with the statutory limits of liability set forth 27 in s. 768.28, Florida Statutes, and does not oppose the passage 28 of this claim bill in favor of Carl Abbott in the amount of $1.9 29 million, as structured, NOW, THEREFORE, 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. The facts stated in the preamble to this act are 34 found and declared to be true. 35 Section 2. The Palm Beach County School Board is authorized 36 and directed to appropriate from funds of the school board not 37 otherwise appropriated and to draw warrants in the amount of 38 $211,111.11 each fiscal year beginning in 2015 through 2022, 39 inclusive, and $211,111.12 in the 2023-2024 fiscal year for a 40 total of $1.9 million, payable to David Abbott, as guardian of 41 Carl Abbott, as compensation for injuries and damages sustained 42 as a result of the negligence of an employee of the Palm Beach 43 County School District. The payments shall cease upon the death 44 of Carl Abbott if he dies before the last payment is made. 45 However, David Abbott, as guardian of Carl Abbott, shall be 46 guaranteed a minimum payment amount of $633,333.33 if Carl 47 Abbott dies within 3 years after the effective date of this act. 48 This amount represents three annual payments and shall be 49 payable on the annual due dates. 50 Section 3. The amount paid by the Palm Beach County School 51 Board pursuant to s. 768.28, Florida Statutes, and the amount 52 awarded under this act are intended to provide the sole 53 compensation for all present and future claims against the Palm 54 Beach County School District arising out of the factual 55 situation that resulted in the injuries to Carl Abbott as 56 described in the preamble to this act. The total amount paid for 57 attorney fees, lobbying fees, costs, and other similar expenses 58 relating to this claim may not exceed 25 percent of the total 59 amount awarded under this act. 60 Section 4. This act shall take effect upon becoming a law.