ENROLLED 2012 Legislature CS for SB 4, 2nd Engrossed 20124er 1 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 pay, and is authorized and directed to pay, 33 $10,750,000 on behalf of the Broward County Sheriff’s Office to 34 the Guardianship of Eric Brody to be placed in a special needs 35 trust created for the exclusive use and benefit of Eric Brody as 36 compensation by the Broward County Sheriff’s Office and its 37 insurer, Fairmont Specialty Insurance Company, f/k/a Ranger 38 Insurance Company, for injuries brought about by the facts set 39 forth in the preamble of this act. 40 Section 3. The amount awarded under this act is intended to 41 provide the sole compensation for all present and future claims, 42 including all attorney fees, lobbying fees, and related costs, 43 arising out of the factual situation described in this act which 44 resulted in the injuries to Eric Brody, and hereby releases the 45 Broward County Sheriff’s Office and Fairmont Specialty Insurance 46 Company, f/k/a Ranger Insurance Company, the Broward County 47 Board of County Commissioners, Broward County, and Christopher 48 Thieman from any further liability. No part of the amount 49 awarded under this act may be used toward the payment of 50 attorney fees, lobbying fees, costs, or other similar expenses 51 incurred on behalf of the Guardianship of Eric Brody in pursuit 52 of this claim or the related underlying litigation. 53 Section 4. It is the intent of the Legislature that the 54 lien interests relating to the claim of the Guardianship of Eric 55 Brody for the treatment and care of Eric Brody, including 56 Medicaid liens, are hereby waived or extinguished. 57 Section 5. This act shall take effect upon becoming a law.