Florida Senate - 2015 (NP) CS for SB 68 By the Committee on Judiciary; and Senator Legg 590-01489A-15 201568c1 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 had to 19 reside in a nursing home, suffered from loss of cognitive 20 function, right-sided paralysis, immobility, urinary 21 incontinence, bowel incontinence, delirium, and an inability to 22 speak, and had to 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, and 30 WHEREAS, Carl Abbott passed away in June 2014, NOW, 31 THEREFORE, 32 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. The facts stated in the preamble to this act are 37 found and declared to be true. 38 Section 2. The Palm Beach County School Board is authorized and 39 directed to appropriate from funds of the school board not 40 otherwise appropriated and to draw warrants in the amount of 41 $211,111.11 each fiscal year beginning in 2015 through 2022, 42 inclusive, and $211,111.12 in the 2023-2024 fiscal year for a 43 total of $1.9 million, payable to David Abbott, as guardian of 44 Carl Abbott, as compensation for injuries and damages sustained 45 as a result of the negligence of an employee of the Palm Beach 46 County School District. The payments were scheduled to cease 47 upon the death of Carl Abbott if he died before the last payment 48 was made. However, David Abbott, as guardian of Carl Abbott, is 49 guaranteed a total payment amount of $633,333.33 since Carl 50 Abbott died before or within 3 years after the effective date of 51 this act. This amount represents three annual payments and shall 52 be payable on the annual due dates. 53 Section 3. The amount paid by the Palm Beach County School 54 Board pursuant to s. 768.28, Florida Statutes, and the amount 55 awarded under this act are intended to provide the sole 56 compensation for all present and future claims against the Palm 57 Beach County School District arising out of the factual 58 situation that resulted in the injuries to Carl Abbott as 59 described in the preamble to this act. The total amount paid for 60 attorney fees, lobbying fees, costs, and other similar expenses 61 relating to this claim may not exceed 25 percent of the total 62 amount awarded under this act. 63 Section 4. This act shall take effect upon becoming a law.