Florida Senate - 2015                       (NP)    CS for SB 68
       
       
        
       By the Committee on Judiciary; and Senator Legg
       
       
       
       
       
       590-01489A-15                                           201568c1
    1                        A bill to be entitled                      
    2         An act for the relief of Carl Abbott by the Palm Beach
    3         County School Board; providing for an appropriation to
    4         compensate Carl Abbott for injuries sustained as a
    5         result of the negligence of an employee of the Palm
    6         Beach County School District; providing a limitation
    7         on the payment of fees and costs; providing an
    8         effective date.
    9  
   10         WHEREAS, on June 30, 2008, 67-year-old Carl Abbott was
   11  struck by a school bus driven by an employee of the Palm Beach
   12  County School District while Mr. Abbott was crossing the street
   13  in a designated crosswalk at the intersection of South Anchorage
   14  Drive and U.S. 1 in Palm Beach County, and
   15         WHEREAS, as a result of the accident, Carl Abbott suffered
   16  a closed head injury, traumatic brain injury, subdural hematoma,
   17  and subarachnoid hemorrhage, and
   18         WHEREAS, as a result of his injuries, Carl Abbott had to
   19  reside in a nursing home, suffered from loss of cognitive
   20  function, right-sided paralysis, immobility, urinary
   21  incontinence, bowel incontinence, delirium, and an inability to
   22  speak, and had to obtain nutrition through a feeding tube, and
   23         WHEREAS, the Palm Beach County School Board unanimously
   24  passed a resolution in support of settling the lawsuit that was
   25  filed in this case, tendered payment of $100,000 to Carl Abbott
   26  in accordance with the statutory limits of liability set forth
   27  in s. 768.28, Florida Statutes, and does not oppose the passage
   28  of this claim bill in favor of Carl Abbott in the amount of $1.9
   29  million, as structured, and
   30         WHEREAS, Carl Abbott passed away in June 2014, NOW,
   31  THEREFORE,
   32  
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. The facts stated in the preamble to this act are
   37  found and declared to be true.
   38  Section 2. The Palm Beach County School Board is authorized and
   39  directed to appropriate from funds of the school board not
   40  otherwise appropriated and to draw warrants in the amount of
   41  $211,111.11 each fiscal year beginning in 2015 through 2022,
   42  inclusive, and $211,111.12 in the 2023-2024 fiscal year for a
   43  total of $1.9 million, payable to David Abbott, as guardian of
   44  Carl Abbott, as compensation for injuries and damages sustained
   45  as a result of the negligence of an employee of the Palm Beach
   46  County School District. The payments were scheduled to cease
   47  upon the death of Carl Abbott if he died before the last payment
   48  was made. However, David Abbott, as guardian of Carl Abbott, is
   49  guaranteed a total payment amount of $633,333.33 since Carl
   50  Abbott died before or within 3 years after the effective date of
   51  this act. This amount represents three annual payments and shall
   52  be payable on the annual due dates.
   53         Section 3. The amount paid by the Palm Beach County School
   54  Board pursuant to s. 768.28, Florida Statutes, and the amount
   55  awarded under this act are intended to provide the sole
   56  compensation for all present and future claims against the Palm
   57  Beach County School District arising out of the factual
   58  situation that resulted in the injuries to Carl Abbott as
   59  described in the preamble to this act. The total amount paid for
   60  attorney fees, lobbying fees, costs, and other similar expenses
   61  relating to this claim may not exceed 25 percent of the total
   62  amount awarded under this act.
   63         Section 4. This act shall take effect upon becoming a law.