Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 4
       
       
       
       
       
       
                                Ì744610tÎ744610                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 56 - 80
    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 Palm Beach County Sheriff’s Office is
    8  authorized and directed to appropriate from funds of the Palm
    9  Beach County Sheriff’s Office not otherwise encumbered and to
   10  draw a warrant in the sum of $4,500,000, payable as follows:
   11  $3,375,000 payable at the direction of Evett L. Simmons, as
   12  guardian of the property of Dontrell Stephens, to fund the
   13  future care of Dontrell Stephens and as compensation for
   14  injuries and damages sustained, and attorney fees, lobbying
   15  fees, and costs relating to this claim shall not exceed 25
   16  percent of the amount awarded.
   17         Section 3. Except as provided in section 4 of this act, the
   18  amount paid by the Palm Beach County Sheriff’s Office pursuant
   19  to s. 768.28, Florida Statutes, and the amount awarded under
   20  this act are intended to provide the sole compensation for all
   21  present and future claims arising out of the factual situation
   22  described in this act which resulted in injuries suffered by
   23  Dontrell Stephens. The total amount paid for attorney fees
   24  relating to this claim may not exceed 25 percent of the amount
   25  awarded under this act.
   26         Section 4. Excluding the federal portions of any liens,
   27  Medicaid or otherwise, which the claimant must pay, it is the
   28  intent of the Legislature that the lien interests relating to
   29  the treatment and care of Dontrell Stephens are hereby waived
   30  and extinguished. To the extent such lien interests are not
   31  extinguished, it shall be the responsibility of the Palm Beach
   32  County Sheriff’s Office to compromise or satisfy such liens up
   33  to the amount of $1,500,000 and to indemnify and hold harmless
   34  Dontrell Stephens and Evett L. Simmons, as guardian of the
   35  property of Dontrell Stephens, from any liability, cost, or
   36  expense which may arise in connection with such liens, except
   37  for any obligation exceeding the total of $1,500,000, if any,
   38  which shall remain the responsibility of Dontrell Stephens and
   39  Evett L. Simmons, as guardian of the property of Dontrell
   40  Stephens, to compromise or satisfy.
   41         Section 5. This act shall take effect upon becoming a law.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete lines 7 - 9
   46  and insert:
   47         of a deputy of the office; providing for payment of
   48         compensation, fees, and costs; providing a limitation
   49         on the payment of attorney fees, lobbying fees, and
   50         costs; providing for the waiver and extinguishment of
   51         certain liens; providing that certain unextinguished
   52         lien interest shall be the responsibility of the Palm
   53         Beach County Sheriff’s Office; providing a limitation
   54         on the payment of such liens; providing an effective
   55         date.