Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 304
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2017           .                                

       The Committee on Judiciary (Thurston) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The facts stated in the preamble to this act are
    6  found and declared to be true.
    7         Section 2. The Palm Beach County School Board is authorized
    8  and directed to:
    9         (1)Appropriate from funds of the school board not
   10  otherwise encumbered and, no later than 30 days after the
   11  effective date of this act, draw a warrant in the sum of $1.7
   12  million payable to Dustin Reinhardt, to be placed in the Special
   13  Needs Trust created for the exclusive use and benefit of Dustin
   14  Reinhardt, as compensation for injuries and damages sustained.
   15         (2)Purchase, for Dustin Reinhardt’s benefit, three
   16  separate $1 million annuities, over a successive 3-year period
   17  of time. The first annuity shall be purchased in the year this
   18  claim bill is enacted with the other two annuities purchased in
   19  successive years thereafter. The first annuity shall make annual
   20  disbursements to Dustin Reinhardt, to be placed in the Special
   21  Needs Trust created for the exclusive use and benefit of Dustin
   22  Reinhardt, beginning on or about September 2023. The second and
   23  third annuities shall make annual disbursements to Dustin
   24  Reinhardt, to be placed in the Special Needs Trust created for
   25  the exclusive use and benefit of Dustin Reinhardt, pursuant to
   26  their terms.
   27         Section 3. The amount paid by the Palm Beach County School
   28  Board pursuant to s. 768.28, Florida Statutes, and the amount
   29  awarded under this act are intended to provide the sole
   30  compensation for all present and future claims arising out of
   31  the factual situation described in this act which resulted in
   32  injuries and damages to Dustin Reinhardt. Of the amount awarded
   33  under this act, the total amount paid for attorney fees may not
   34  exceed $940,000, the total amount paid for lobbying fees may not
   35  exceed $235,000, and no amount may be paid for costs and other
   36  similar expenses relating to this claim. Attorney or lobbying
   37  fees may not be assessed against the value of the annuity.
   38         Section 4. This act shall take effect upon becoming a law.
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete everything before the enacting clause
   43  and insert:
   44                        A bill to be entitled                      
   45         An act for the relief of Dustin Reinhardt by the Palm
   46         Beach County School Board; providing for an
   47         appropriation and annuity to compensate him for
   48         injuries sustained as a result of the negligence of
   49         employees of the Palm Beach County School District;
   50         providing that certain payments and the amount awarded
   51         under the act satisfy all present and future claims
   52         related to the negligent act; providing a limitation
   53         on the payment of compensation, fees, and costs;
   54         providing an effective date.
   56         WHEREAS, in September 2013, Dustin Reinhardt was a student
   57  at Seminole Ridge Community High School in Loxahatchee in Palm
   58  Beach County, and was involved in the Army Junior Reserve
   59  Officer Training Corps for which he received honors for his
   60  participation, and
   61         WHEREAS, on September 4, 2013, while in auto shop class at
   62  Seminole Ridge Community High School, Dustin Reinhardt was
   63  inflating a large truck tire, which proceeded to explode,
   64  striking him in his head, and
   65         WHEREAS, immediately following the explosion, Dustin
   66  Reinhardt was airlifted to St. Mary’s Medical Center in West
   67  Palm Beach where he underwent multiple surgeries, including
   68  skull and facial reconstruction procedures, was placed in a
   69  chemically induced coma, and spent more than 4 weeks in the
   70  intensive care unit, and
   71         WHEREAS, Dustin Reinhardt has continued to be impacted by
   72  the injuries he incurred from the explosion, including the loss
   73  of vision in his right eye, short-term memory loss, and a recent
   74  diagnosis of severe traumatic brain injury, and
   75         WHEREAS, the traumatic brain injury will impair Dustin
   76  Reinhardt’s executive function and has resulted in symptoms such
   77  as the exhibition of socially inappropriate behavior, difficulty
   78  in planning and taking initiative, difficulty with verbal
   79  fluency, an inability to multitask, and difficulty in
   80  processing, storing, and retrieving information, and
   81         WHEREAS, because of the explosion, Dustin Reinhardt
   82  continues to live in supervised care at the Neuro International
   83  and is unlikely to ever live an independent life, and
   84         WHEREAS, the injuries that Dustin Reinhardt sustained were
   85  foreseeable and preventable and the school had a duty to prevent
   86  his injuries, and
   87         WHEREAS, the parties have agreed to a settlement in the sum
   88  of $5 million, and the Palm Beach County School Board has paid
   89  $300,000 of the settlement pursuant to the statutory limits of
   90  liability set forth in s. 768.28, Florida Statutes, leaving a
   91  remaining balance of $4.7 million, NOW, THEREFORE,