Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 38
       
       
       
       
       
       
                                Barcode 369386                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/07/2012 03:15 PM       .                                
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       Senator Garcia 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. The District School Board of Sumter County is
    8  authorized and directed to appropriate from funds of the school
    9  board not otherwise appropriated and from available insurance
   10  proceeds and to draw a warrant payable to Donald Brown in the
   11  amount of $900,000. In addition, the District School Board of
   12  Sumter County is further authorized and directed to appropriate
   13  from funds of the school board not otherwise appropriated and to
   14  draw a warrant payable to Donald Brown in the sum of $50,000 by
   15  July 1 of each year beginning in 2013 through 2022, inclusive,
   16  for a total of $500,000. The total amount awarded under this act
   17  is $1,400,000.
   18         Section 3. The compensation awarded under this act is
   19  intended to provide the sole compensation for all present and
   20  future claims arising out of the factual situation described in
   21  this act which resulted in the injuries to Donald Brown. The
   22  total amount paid for attorney’s fees, lobbying fees, costs, and
   23  other similar expenses relating to this claim may not exceed 15
   24  percent of the first $1,000,000 awarded under this act, and 10
   25  percent of the remainder awarded under this act, for a total of
   26  $190,000.
   27         Section 4. This act shall take effect upon becoming a law.
   28  
   29  ================= T I T L E  A M E N D M E N T ================
   30         And the title is amended as follows:
   31         Delete everything before the enacting clause
   32  and insert:
   33                        A bill to be entitled                      
   34         An act for the relief of Donald Brown by the District
   35         School Board of Sumter County; providing for an
   36         appropriation to compensate Donald Brown for injuries
   37         sustained as a result of the negligence of an employee
   38         of the District School Board of Sumter County;
   39         providing a limitation on the payment of fees and
   40         costs; providing an effective date.
   41  
   42         WHEREAS, on October 18, 2004, at approximately 6:45 a.m.,
   43  Donald Brown was driving his Harley-Davidson motorcycle
   44  eastbound on County Road 470 and was approaching the
   45  intersection with County Road 475 in Bushnell, Florida, and
   46         WHEREAS, Patsy C. Foxworth was operating a school bus,
   47  owned by the District School Board of Sumter County, on County
   48  Road 475 in Bushnell, Florida, and
   49         WHEREAS, Patsy C. Foxworth was operating and driving the
   50  motor vehicle with the permission and consent of its owner, the
   51  District School Board of Sumter County, and
   52         WHEREAS, at that time and place, Patsy C. Foxworth
   53  negligently operated the Sumter County school bus by pulling in
   54  front of Donald Brown in an attempt to make a left turn, which
   55  caused a collision with his motorcycle, and
   56         WHEREAS, the District School Board of Sumter County is
   57  vicariously liable for the negligence of Patsy C. Foxworth under
   58  the doctrine of respondeat superior, s. 768.28(9)(a), Florida
   59  Statutes, and
   60         WHEREAS, upon the impact with the Sumter County school bus,
   61  Donald Brown sustained a life-changing injury, and his right
   62  lower leg was amputated instantly below the knee as his leg and
   63  foot were pinned between the bumper of the bus and motorcycle,
   64  and
   65         WHEREAS, Donald Brown seeks to recover damages for his
   66  bodily injury, including a permanent injury to the body as a
   67  whole, past and future pain and suffering of both a physical and
   68  mental nature, disability, physical impairment, disfigurement,
   69  mental anguish, inconvenience, loss of capacity for the
   70  enjoyment of life, expense of hospitalization, medical and
   71  nursing care and treatment, loss of earnings, loss of ability to
   72  earn money, and loss of ability to lead and enjoy a normal life,
   73  and
   74         WHEREAS, Donald Brown was airlifted to Orlando Regional
   75  Medical Center and was hospitalized from October 18, 2004, to
   76  October 27, 2004, where he was taken to surgery on October 18,
   77  2004, to complete a below-the-knee amputation of his right leg,
   78  and
   79         WHEREAS, Donald Brown underwent additional surgeries on
   80  October 25, 2004, and October 28, 2004, to care for the wound
   81  and to do skin grafts from his left thigh to cover an area of
   82  approximately 45 by 30 cm on his right leg, and
   83         WHEREAS, Donald Brown was transferred to Shands Hospital in
   84  Gainesville, Florida, for rehabilitation from November 2, 2004,
   85  to November 12, 2004, and
   86         WHEREAS, as a result of the injuries incurred on October
   87  18, 2004, Donald Brown required the use of a prosthetic leg,
   88  which resulted in ulcers requiring additional surgery on January
   89  17, 2006, and
   90         WHEREAS, the effects of the injuries have been devastating,
   91  restricting Donald Brown’s ability to work and enjoy life, and
   92         WHEREAS, Donald Brown incurred medical expenses in the
   93  amount of $421,693.60 and was medically retired from his federal
   94  employment at the Federal Bureau of Prisons in Coleman, Florida,
   95  where he was earning $42,000 a year, and
   96         WHEREAS, Donald Brown lived a full life before his accident
   97  on October 18, 2004, had a zest and vigor for life, and was very
   98  active in recreational, social, and sporting activities, and
   99         WHEREAS, a lawsuit was brought against the District School
  100  Board of Sumter County by Donald Brown, and, after a lengthy
  101  jury trial, the jury found the school board liable for Donald
  102  Brown’s injuries and awarded him damages in the amount of
  103  $2,941,240.60, and
  104         WHEREAS, the Honorable Michelle T. Morley, Circuit Court
  105  Judge from the Fifth Judicial Circuit in Sumter County, entered
  106  a final judgment on March 2, 2009, reducing the final verdict to
  107  $2,651,375.83, plus taxable costs in the amount of $31,674.12
  108  and interest to accrue on the amount of the judgment at a rate
  109  of 11 percent per annum from the date that the judgment was
  110  rendered until payment, and
  111         WHEREAS, the District School Board of Sumter County filed a
  112  notice of appeal of the judgment on March 30, 2009, which was
  113  affirmed by the Fifth District Court of Appeal on February 18,
  114  2011, and
  115         WHEREAS, Donald Brown is receiving continuous medical care
  116  for his injuries, including two surgeries after the trial, the
  117  first surgery occurring on September 16 and 17, 2009, at Orlando
  118  Regional Medical Center due to a bone infection on his right
  119  leg, and the second surgery occurring on August 27, 2010, at the
  120  Jewish Hospital in Louisville, Kentucky, due to complications
  121  with his right leg resulting in an above-the-knee amputation,
  122  and
  123         WHEREAS, the District School Board of Sumter County has
  124  paid $100,000 pursuant to the statutory limits of liability set
  125  forth in s. 768.28, Florida Statutes, and
  126         WHEREAS, the remainder of the judgment is sought through
  127  the submission of a claim bill to the Legislature, NOW,
  128  THEREFORE,