Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS/HB 6549, 1st Eng. Ì692978jÎ692978 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: C 04/28/2017 02:09 PM . 05/03/2017 11:33 AM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Flores moved the following: 1 Senate Amendment (with title amendment) 2 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. (1) The Palm Beach County School Board is 8 authorized and directed to appropriate from funds of the school 9 board not otherwise appropriated and, no later than 20 days 10 after the effective date of this act, draw a warrant in the sum 11 of $790,000, payable to Altavious Carter as compensation for 12 injuries and damages sustained. 13 (2) The amount paid by the Palm Beach County School Board 14 under s. 768.28, Florida Statutes, and the amount awarded under 15 section 2 of this act are intended to provide the sole 16 compensation for all present and future claims arising out of 17 the factual situation described in this act which resulted in 18 injuries to Altavious Carter. The total amount paid for attorney 19 fees relating to this claim may not exceed 25 percent of the 20 total amount awarded under section 2 of this act. 21 Section 3. (1) The Palm Beach County School Board is 22 authorized and directed to: 23 (a) Appropriate from funds of the school board not 24 otherwise encumbered and, no later than 30 days after the 25 effective date of this act, draw a warrant in the sum of $1.7 26 million payable to Dustin Reinhardt, to be placed in the Special 27 Needs Trust created for the exclusive use and benefit of Dustin 28 Reinhardt, as compensation for injuries and damages sustained. 29 (b) Purchase, for Dustin Reinhardt’s benefit, three 30 separate $1 million annuities, over a successive 3-year period 31 of time. The first annuity shall be purchased in the year this 32 claim bill is enacted with the other two annuities purchased in 33 successive years thereafter. The first annuity shall make annual 34 disbursements to Dustin Reinhardt, to be placed in the Special 35 Needs Trust created for the exclusive use and benefit of Dustin 36 Reinhardt, beginning on or about September 2023. The second and 37 third annuities shall make annual disbursements to Dustin 38 Reinhardt, to be placed in the Special Needs Trust created for 39 the exclusive use and benefit of Dustin Reinhardt, pursuant to 40 their terms. 41 (2) The amount paid by the Palm Beach County School Board 42 pursuant to s. 768.28, Florida Statutes, and the amount awarded 43 under section 3 of this act are intended to provide the sole 44 compensation for all present and future claims arising out of 45 the factual situation described in this act which resulted in 46 injuries and damages to Dustin Reinhardt. Of the amount awarded 47 under section 3 of this act, the total amount paid for attorney 48 fees may not exceed $940,000, the total amount paid for lobbying 49 fees may not exceed $235,000, and no amount may be paid for 50 costs and other similar expenses relating to this claim. 51 Attorney or lobbying fees may not be assessed against the value 52 of the annuity. 53 Section 4. This act shall take effect upon becoming a law. 54 55 ================= T I T L E A M E N D M E N T ================ 56 And the title is amended as follows: 57 Delete everything before the enacting clause 58 and insert: 59 A bill to be entitled 60 An act relating to the payment of claims by the Palm 61 Beach County School Board; providing for an 62 appropriation to compensate Altavious Carter for 63 injuries sustained as a result of the negligence of a 64 bus driver of the Palm Beach County School District; 65 providing that the amount awarded under the act to 66 Altavious Carter satisfies all present and future 67 claims related to the negligent act; providing a 68 limitation on the payment of fees; providing for an 69 appropriation and annuity to compensate Dustin 70 Reinhardt for injuries sustained as a result of the 71 negligence of employees of the Palm Beach County 72 School District; providing that certain payments and 73 the amount awarded under the act to Dustin Reinhardt 74 satisfy all present and future claims related to the 75 negligent act; providing a limitation on the payment 76 of compensation, fees, and costs; providing an 77 effective date. 78 79 WHEREAS, in regards to Altavious Carter, he was a 14-year 80 old freshman at Summit Christian School in Palm Beach County on 81 December 15, 2005, while riding as a passenger in a vehicle 82 driven by Vincent H. Merriweather, and 83 WHEREAS, while Vincent H. Merriweather was stopped at a red 84 light at the intersection of Forest Hill Boulevard and Olympia 85 Boulevard in Palm Beach County, his vehicle, a van, was struck 86 by a school bus driven by an employee of the Palm Beach County 87 School District, and 88 WHEREAS, the bus driver, Dennis Gratham, was cited for 89 careless driving and the speed of the bus at the time of impact 90 was 48.5 miles per hour, and 91 WHEREAS, the seat in which Altavious Carter was sitting was 92 broken as a result of the crash, and Altavious Carter, who was 93 wearing a seatbelt, was thrown into the back of the van, his 94 neck was broken at the C6 level, and he suffered a C6-7 interior 95 subluxation and reversal of normal cervical lordosis, with 96 spinal cord flattening, and 97 WHEREAS, Altavious Carter was taken by ambulance to 98 Wellington Regional Medical Center and subsequently to St. 99 Mary’s Medical Center, where he was diagnosed and treated for 100 the injuries he sustained, and 101 WHEREAS, Altavious Carter received a discectomy and fusion 102 at C6-7, along with placement of a bone graft and cage, plates, 103 and screws to fuse the spine at C6-7, and 104 WHEREAS, following rehabilitation, an MRI taken in June 105 2009 indicated a small herniation at the C7-T1 level, 106 representing the start of degenerative disc disease, and 107 WHEREAS, on February 25, 2010, Altavious Carter received a 108 jury verdict against the Palm Beach County School Board, and the 109 court entered a judgment in the amount of $1,094,034.30, and 110 WHEREAS, on August 4, 2010, an additional final cost 111 judgment in the amount of $46,830.11 was entered in favor of 112 Altavious Carter against the Palm Beach County School Board in 113 the same matter, and 114 WHEREAS, Altavious Carter and the Palm Beach County School 115 Board have agreed to a settlement of the claim in the amount of 116 $790,000, and 117 WHEREAS, in regards to Dustin Reinhardt, he was a student 118 at Seminole Ridge Community High School in Loxahatchee in Palm 119 Beach County in September 2013, and was involved in the Army 120 Junior Reserve Officer Training Corps for which he received 121 honors for his participation, and 122 WHEREAS, on September 4, 2013, while in auto shop class at 123 Seminole Ridge Community High School, Dustin Reinhardt was 124 inflating a large truck tire, which proceeded to explode, 125 striking him in his head, and 126 WHEREAS, immediately following the explosion, Dustin 127 Reinhardt was airlifted to St. Mary’s Medical Center in West 128 Palm Beach where he underwent multiple surgeries, including 129 skull and facial reconstruction procedures, was placed in a 130 chemically induced coma, and spent more than 4 weeks in the 131 intensive care unit, and 132 WHEREAS, Dustin Reinhardt has continued to be impacted by 133 the injuries he incurred from the explosion, including the loss 134 of vision in his right eye, short-term memory loss, and a recent 135 diagnosis of severe traumatic brain injury, and 136 WHEREAS, the traumatic brain injury will impair Dustin 137 Reinhardt’s executive function and has resulted in symptoms such 138 as the exhibition of socially inappropriate behavior, difficulty 139 in planning and taking initiative, difficulty with verbal 140 fluency, an inability to multitask, and difficulty in 141 processing, storing, and retrieving information, and 142 WHEREAS, because of the explosion, Dustin Reinhardt 143 continues to live in supervised care at the Neuro International 144 and is unlikely to ever live an independent life, and 145 WHEREAS, the injuries that Dustin Reinhardt sustained were 146 foreseeable and preventable and the school had a duty to prevent 147 his injuries, and 148 WHEREAS, Dustin Reinhardt and the Palm Beach County School 149 Board have agreed to a settlement in the sum of $5 million, and 150 the Palm Beach County School Board has paid $300,000 of the 151 settlement pursuant to the statutory limits of liability set 152 forth in s. 768.28, Florida Statutes, leaving a remaining 153 balance of $4.7 million, NOW, THEREFORE,