HB 611

1	A bill to be entitled
2	An act for the relief of Jennifer Graham by the Palm Beach
3	County Sheriff's Office; providing for an appropriation to
4	compensate Jennifer Graham for injuries sustained as a
5	result of the negligence of the sheriff's office;
6	requiring the purchase of a specified structured annuity
7	and structured educational fund; providing an effective
8	date.
9
10	WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham was
11	seated on a park bench on the southwest corner of Park Avenue
12	located in Palm Beach County, Florida, and
13	WHEREAS, a deputy sheriff of the Palm Beach County
14	Sheriff's Office was traveling westbound on Park Avenue at
15	approximately 60 to 70 miles per hour according to an
16	eyewitness, and
17	WHEREAS, when the deputy sheriff attempted to make a left
18	turn at this high rate of speed, he lost control of his vehicle
19	and collided with the park bench and Jennifer Graham, and
20	WHEREAS, Ms. Graham was thrown approximately 30 feet due to
21	the collision and landed on a concrete sidewalk, and
22	WHEREAS, the Palm Beach County Sheriff's Office
23	investigated the accident and determined that the deputy sheriff
24	was the sole contributing cause of the accident by exceeding a
25	safe speed and losing control of the vehicle while attempting to
26	make a left turn, and
27	WHEREAS, Ms. Graham suffered multiple pelvic fractures and
28	a bladder rupture, for which she had immediate surgery; a left
29	acetabulum fracture; a right sacroiliac joint fracture; a pelvic
30	hematoma; and an open laceration from her stomach to her pubic
31	bone, and
32	WHEREAS, as a result of her injuries, Ms. Graham later
33	underwent multiple surgeries to repair a hernia, a left shoulder
34	joint, and the pelvic and iliosacral fractures, the latter
35	requiring hardware and screw fixation, and
36	WHEREAS, Ms. Graham was admitted to two rehabilitation
37	facilities for a total of approximately 5 months where she was
38	diagnosed with chronic pain, gait dysfunction, and depression,
39	and
40	WHEREAS, as a result of the accident, Ms. Graham sustained
41	a 40-percent permanent functional impairment and permanent gait
42	dysfunction, and
43	WHEREAS, due to the severity of her injuries, Ms. Graham
44	cannot maintain employment and will require future medical care
45	over her lifetime and an additional surgery to remove the
46	hardware that was placed in her pelvis and iliosacral joint, and
47	WHEREAS, Ms. Graham's medical expenses resulting from this
48	accident were $266,462.44 and the Palm Beach County Health Care
49	District has paid a portion of the outstanding medical expenses,
50	but has imposed a lien in the amount of $87,937.31, and
51	WHEREAS, the present value of Ms. Graham's total economic
52	damages over her lifetime was calculated to be $1,018,988.40;
53	however, the expert economist hired by the Palm Beach County
54	Sheriff's Office calculated the value to be $771,670, and
55	WHEREAS, Ms. Graham is also entitled to collect damages for
56	her past and future pain and suffering, mental anguish,
57	disability, and loss of enjoyment of life resulting from the
58	devastating injuries and severe impairment she incurred as a
59	result of the accident, and
60	WHEREAS, Ms. Graham filed a lawsuit against the Palm Beach
61	County Sheriff's Office, and a trial was set to begin on July
62	18, 2005, and
63	WHEREAS, on July 13, 2005, Ms. Graham and the Palm Beach
64	County Sheriff's Office entered into an agreement to settle the
65	lawsuit in the amount of $950,000, of which the sheriff's office
66	paid $100,000 at the time the settlement agreement was signed by
67	all parties, NOW, THEREFORE,
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  The facts stated in the preamble to this act
72	are found and declared to be true.
73	Section 2.  The Palm Beach County Sheriff's Office is
74	authorized and directed to pay to Jennifer Graham, out of
75	insurance proceeds or out of moneys appropriated by the
76	sheriff's office from funds of the sheriff's office not
77	otherwise encumbered, the sum of $850,000 for injuries and
78	damages sustained due to the negligence of the Palm Beach County
79	Sheriff's Office in the following manner, as agreed to by the
80	parties in their settlement agreement:
81	(1)  Three hundred fifty thousand dollars, paid within 20
82	days after notice to the Palm Beach County Sheriff's Office upon
83	the effective date of this act;
84	(2)  Two hundred fifty thousand dollars, paid 1 year
85	following the date of the payment of the first payment of
86	$350,000; and
87	(3)  Two hundred fifty thousand dollars, paid 2 years
88	following the date of the first payment of $350,000.
89	Section 3.  (1)  Within 20 days of the effective date of
90	this act, Jennifer Graham shall purchase a structured settlement
91	annuity at a cost of no less than $75,000 for the exclusive use
92	and benefit of her minor children, Ashley Graham, Tyler Graham,
93	and Hunter Graham. Pursuant to the terms of the annuity, each
94	child shall be guaranteed monthly payments beginning on the
95	effective date of this act and ending on each child's 18th
96	birthday. Such funds are to follow the children regardless of
97	who their legal custodians are, where the children are living,
98	or Jennifer Graham's legal status as a parent, and shall be in
99	addition to any child support payments that may be owed or owing
100	by Jennifer Graham.
101	(2)  Within 13 months of the effective date of this act,
102	Jennifer Graham shall purchase a structured educational fund at
103	a cost to Jennifer Graham of no less than $45,000. Such fund
104	shall provide a semiannual benefit to each of her three minor
105	children, Ashley Graham, Tyler Graham, and Hunter Graham, for 4
106	years each, beginning on each child's 18th birthday. Such funds
107	are to follow the children regardless of who their legal
108	custodians are, where the children are living, or Jennifer
109	Graham's legal status as a parent, and shall be in addition to
110	any child support payments that may be owed or owing by Jennifer
111	Graham.
112	Section 4.  This act shall take effect upon becoming a law.

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