CS for SB 4 First Engrossed 20124e1 1 A bill to be entitled 2 An act for the relief of Eric Brody by the Broward 3 County Sheriff’s Office; providing for an 4 appropriation to compensate Eric Brody for injuries 5 sustained as a result of the negligence of the Broward 6 County Sheriff’s Office; providing a limitation on the 7 payment of fees and costs related to the claim against 8 the Broward County Sheriff’s Office; providing 9 legislative intent regarding lien interests held by 10 the state; providing an effective date. 11 12 WHEREAS, on March 3, 1998, Eric Brody was driving home in 13 his 1982 AMC Concord eastbound on Oakland Park Boulevard in 14 Sunrise, Florida, and 15 WHEREAS, that same evening, Broward County Sheriff’s Deputy 16 Christopher Thieman was driving his Broward County Sheriff’s 17 Office cruiser on his way to work, and 18 WHEREAS, Deputy Thieman struck Eric Brody’s car, leaving 19 Eric profoundly injured, and 20 WHEREAS, the case was tried to a jury and the court 21 rendered a final judgment of $30,879,670.30, and 22 WHEREAS, the parties have reached a settlement in the 23 amount of $10,750,000, with other terms of value, and $200,000 24 has been paid pursuant to the limits of liability set forth in 25 s. 768.28, Florida Statutes, NOW, THEREFORE, 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. The facts stated in the preamble to this act are 30 found and declared to be true. 31 Section 2. The insurer of the Sheriff of Broward County has 32 agreed to, and is authorized and directed to pay $10,750,000 on 33 behalf of the Broward County Sheriff’s Office to the 34 Guardianship of Eric Brody as compensation by the Broward 35 Sheriff’s Office and its insurer, Fairmont Specialty Insurance 36 Company, f/k/a Ranger Insurance Company, for injuries brought 37 about by the facts set forth in the preamble of this act. 38 Section 3. This award is the sole compensation for all 39 present and future claims, including all attorney fees, lobbying 40 fees, and related costs, arising out of the factual situation 41 described in this act which resulted in the injuries to Eric 42 Brody, and hereby releases the Broward County Sheriff’s Office 43 and Fairmont Specialty Insurance Company, f/k/a Ranger Insurance 44 Company, the Broward County Board of County Commissioners, 45 Broward County, and Christopher Thieman from any further 46 liability. The total amount of attorney fees, lobbying fees, and 47 related costs may not exceed 25 percent of the total amount 48 awarded under this act. The attorney fees, lobbying fees and 49 related costs are to be paid to and for the benefit of the 50 Guardianship’s representatives registered pursuant to s. 11.045, 51 Florida Statutes. 52 Section 4. It is the intent of the Legislature that all 53 lien interests relating to the claim of the Guardianship of Eric 54 Brody and the treatment and care of Eric Brody, including 55 Medicaid liens and any charging lien in excess of the sovereign 56 immunity cap, are hereby waived or extinguished. 57 Section 5. This act shall take effect upon becoming a law.