Florida Senate - 2017 CS for SB 304 By the Committee on Judiciary; and Senator Thurston 590-03414-17 2017304c1 1 A bill to be entitled 2 An act for the relief of Dustin Reinhardt by the Palm 3 Beach County School Board; providing for an 4 appropriation and annuity to compensate him for 5 injuries sustained as a result of the negligence of 6 employees of the Palm Beach County School District; 7 providing that certain payments and the amount awarded 8 under the act satisfy all present and future claims 9 related to the negligent act; providing a limitation 10 on the payment of compensation, fees, and costs; 11 providing an effective date. 12 13 WHEREAS, in September 2013, Dustin Reinhardt was a student 14 at Seminole Ridge Community High School in Loxahatchee in Palm 15 Beach County, and was involved in the Army Junior Reserve 16 Officer Training Corps for which he received honors for his 17 participation, and 18 WHEREAS, on September 4, 2013, while in auto shop class at 19 Seminole Ridge Community High School, Dustin Reinhardt was 20 inflating a large truck tire, which proceeded to explode, 21 striking him in his head, and 22 WHEREAS, immediately following the explosion, Dustin 23 Reinhardt was airlifted to St. Mary’s Medical Center in West 24 Palm Beach where he underwent multiple surgeries, including 25 skull and facial reconstruction procedures, was placed in a 26 chemically induced coma, and spent more than 4 weeks in the 27 intensive care unit, and 28 WHEREAS, Dustin Reinhardt has continued to be impacted by 29 the injuries he incurred from the explosion, including the loss 30 of vision in his right eye, short-term memory loss, and a recent 31 diagnosis of severe traumatic brain injury, and 32 WHEREAS, the traumatic brain injury will impair Dustin 33 Reinhardt’s executive function and has resulted in symptoms such 34 as the exhibition of socially inappropriate behavior, difficulty 35 in planning and taking initiative, difficulty with verbal 36 fluency, an inability to multitask, and difficulty in 37 processing, storing, and retrieving information, and 38 WHEREAS, because of the explosion, Dustin Reinhardt 39 continues to live in supervised care at the Neuro International 40 and is unlikely to ever live an independent life, and 41 WHEREAS, the injuries that Dustin Reinhardt sustained were 42 foreseeable and preventable and the school had a duty to prevent 43 his injuries, and 44 WHEREAS, the parties have agreed to a settlement in the sum 45 of $5 million, and the Palm Beach County School Board has paid 46 $300,000 of the settlement pursuant to the statutory limits of 47 liability set forth in s. 768.28, Florida Statutes, leaving a 48 remaining balance of $4.7 million, NOW, THEREFORE, 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. The facts stated in the preamble to this act are 53 found and declared to be true. 54 Section 2. The Palm Beach County School Board is authorized 55 and directed to: 56 (1) Appropriate from funds of the school board not 57 otherwise encumbered and, no later than 30 days after the 58 effective date of this act, draw a warrant in the sum of $1.7 59 million payable to Dustin Reinhardt, to be placed in the Special 60 Needs Trust created for the exclusive use and benefit of Dustin 61 Reinhardt, as compensation for injuries and damages sustained. 62 (2) Purchase, for Dustin Reinhardt’s benefit, three 63 separate $1 million annuities, over a successive 3-year period 64 of time. The first annuity shall be purchased in the year this 65 claim bill is enacted with the other two annuities purchased in 66 successive years thereafter. The first annuity shall make annual 67 disbursements to Dustin Reinhardt, to be placed in the Special 68 Needs Trust created for the exclusive use and benefit of Dustin 69 Reinhardt, beginning on or about September 2023. The second and 70 third annuities shall make annual disbursements to Dustin 71 Reinhardt, to be placed in the Special Needs Trust created for 72 the exclusive use and benefit of Dustin Reinhardt, pursuant to 73 their terms. 74 Section 3. The amount paid by the Palm Beach County School 75 Board pursuant to s. 768.28, Florida Statutes, and the amount 76 awarded under this act are intended to provide the sole 77 compensation for all present and future claims arising out of 78 the factual situation described in this act which resulted in 79 injuries and damages to Dustin Reinhardt. Of the amount awarded 80 under this act, the total amount paid for attorney fees may not 81 exceed $940,000, the total amount paid for lobbying fees may not 82 exceed $235,000, and no amount may be paid for costs and other 83 similar expenses relating to this claim. Attorney or lobbying 84 fees may not be assessed against the value of the annuity. 85 Section 4. This act shall take effect upon becoming a law.