Senate Bill sb0016c1

    Florida Senate - 2004                             CS for SB 16

    By the Committee on Finance and Taxation; and Senator Posey





    314-2005-04

  1                      A bill to be entitled

  2         An act relating to Indian River County;

  3         providing for the relief of Debra Smith, Pamela

  4         Hughes, Michael Truitt, and Charles Hughes;

  5         authorizing and directing the Indian River

  6         County School Board to compensate them for the

  7         death of their father, Sammie Lee Hughes, due

  8         to the negligence of the school board;

  9         providing for attorney's fees and costs;

10         providing an effective date.

11  

12         WHEREAS, on Monday, January 25, 1999, at approximately

13  3:30 p.m., a school bus driver employed by the Indian River

14  County School District ran a stop sign at the intersection of

15  45th Street and 66th Avenue and collided with a truck driven

16  by Sammie Lee Hughes, and

17         WHEREAS, the impact sent the truck careening into a

18  drainage ditch, killing Mr. Hughes, and

19         WHEREAS, as a result of this accident, several injured

20  parties filed legal actions, and

21         WHEREAS, Debra Smith and Pamela Hughes, as co-personal

22  representatives of the estate of Sammie Lee Hughes, filed suit

23  in the Circuit Court of the 19th Judicial Circuit in and for

24  Indian River County, Florida (Case Number 99-0656-CA-10), and

25         WHEREAS, in a final judgment dated February 20, 2002,

26  the court awarded the sum of $75,000 to Debra Smith, $75,000

27  to Pamela Hughes, $75,000 to Michael Truitt, and $100,000 to

28  Charles Hughes, plus costs in the amount of $530.72, for a

29  total sum of $325,530.72, and

30  

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                             CS for SB 16
    314-2005-04




 1         WHEREAS, in October 2002 Mr. Hughes' children and the

 2  Indian River County School Board reached a settlement

 3  agreement in the amount of $300,000, and

 4         WHEREAS, the maximum amount that may be awarded under

 5  section 768.28, Florida Statutes, has already been paid to

 6  other plaintiffs for injuries suffered as a result of this

 7  incident, and

 8         WHEREAS, recovery of the amounts set forth in this act

 9  may be obtained only through the Florida Legislature's passage

10  of a claim bill awarding such sums, NOW, THEREFORE,

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  The facts stated in the preamble to this

15  act are found and declared to be true.

16         Section 2.  (1)  The Indian River County School Board

17  is authorized and directed to compensate Debra Smith, Pamela

18  Hughes, Michael Truitt, and Charles Hughes for the wrongful

19  death of their father, Sammie Lee Hughes, in the total amount

20  of $300,000, which amount includes statutory attorney's fees

21  and costs and which amount shall be paid in three

22  installments, in accordance with the release and settlement of

23  the claims, with $150,000 to be paid in July 2004, $75,000 to

24  be paid in July 2005, and $75,000 to be paid in July 2006, out

25  of general funds of the School District of Indian River County

26  not otherwise appropriated. Each installment shall be paid by

27  drawing separate warrants payable to Debra Smith, Pamela

28  Hughes, Michael Truitt, and Charles Hughes, respectively, on

29  the basis of Debra Smith receiving 23 percent, Pamela Hughes

30  receiving 23 percent, Michael Truitt receiving 23 percent, and

31  Charles Hughes receiving 31 percent of each installment.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                             CS for SB 16
    314-2005-04




 1         (2)  Amounts paid for attorney's fees and costs, as

 2  limited in accordance with section 768.28, Florida Statutes,

 3  shall be payable from the first installment in a pro rata

 4  share from each of the claimants.

 5         Section 3.  This act shall take effect upon becoming a

 6  law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                              SB 16

10                                 

11  The CS made the following changes:

12  Corrects dates of disbursement.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.