CS/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 for attorney's
8	fees, lobbyist's fees, and costs; providing an effective
9	date.
10
11	WHEREAS, on June 15, 2003, 29-year-old Jennifer Graham was
12	seated on a park bench on the southwest corner of Park Avenue
13	located in Palm Beach County, Florida, and
14	WHEREAS, a deputy sheriff of the Palm Beach County
15	Sheriff's Office was traveling westbound on Park Avenue at
16	approximately 60 to 70 miles per hour according to an
17	eyewitness, and
18	WHEREAS, when the deputy sheriff attempted to make a left
19	turn at this high rate of speed, he lost control of his vehicle
20	and collided with the park bench and Jennifer Graham, and
21	WHEREAS, Ms. Graham was thrown approximately 30 feet due to
22	the collision and landed on a concrete sidewalk, and
23	WHEREAS, the Palm Beach County Sheriff's Office
24	investigated the accident and determined that the deputy sheriff
25	was the sole contributing cause of the accident by exceeding a
26	safe speed and losing control of the vehicle while attempting to
27	make a left turn, and
28	WHEREAS, Ms. Graham suffered multiple pelvic fractures and
29	a bladder rupture, for which she had immediate surgery; a left
30	acetabulum fracture; a right sacroiliac joint fracture; a pelvic
31	hematoma; and an open laceration from her stomach to her pubic
32	bone, and
33	WHEREAS, as a result of her injuries, Ms. Graham later
34	underwent multiple surgeries to repair a hernia, a left shoulder
35	joint, and the pelvic and iliosacral fractures, the latter
36	requiring hardware and screw fixation, and
37	WHEREAS, Ms. Graham was admitted to two rehabilitation
38	facilities for a total of approximately 5 months where she was
39	diagnosed with chronic pain, gait dysfunction, and depression,
40	and
41	WHEREAS, as a result of the accident, Ms. Graham sustained
42	a 40-percent permanent functional impairment and permanent gait
43	dysfunction, and
44	WHEREAS, due to the severity of her injuries, Ms. Graham
45	cannot maintain employment and will require future medical care
46	over her lifetime and an additional surgery to remove the
47	hardware that was placed in her pelvis and iliosacral joint, and
48	WHEREAS, Ms. Graham's medical expenses resulting from this
49	accident were $266,462.44 and the Palm Beach County Health Care
50	District has paid a portion of the outstanding medical expenses,
51	but has imposed a lien in the amount of $87,937.31, and
52	WHEREAS, the present value of Ms. Graham's total economic
53	damages over her lifetime was calculated to be $1,018,988.40;
54	however, the expert economist hired by the Palm Beach County
55	Sheriff's Office calculated the value to be $771,670, and
56	WHEREAS, Ms. Graham is also entitled to collect damages for
57	her past and future pain and suffering, mental anguish,
58	disability, and loss of enjoyment of life resulting from the
59	devastating injuries and severe impairment she incurred as a
60	result of the accident, and
61	WHEREAS, Ms. Graham filed a lawsuit against the Palm Beach
62	County Sheriff's Office, and a trial was set to begin on July
63	18, 2005, and
64	WHEREAS, on July 13, 2005, Ms. Graham and the Palm Beach
65	County Sheriff's Office entered into an agreement to settle the
66	lawsuit in the amount of $950,000, of which the sheriff's office
67	paid $100,000 at the time the settlement agreement was signed by
68	all parties, NOW, THEREFORE,
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  The facts stated in the preamble to this act
73	are found and declared to be true.
74	Section 2.  The Palm Beach County Sheriff's Office is
75	authorized and directed to pay to Jennifer Graham, out of
76	insurance proceeds or out of moneys appropriated by the
77	sheriff's office from funds of the sheriff's office not
78	otherwise encumbered, the sum of $850,000 for injuries and
79	damages sustained due to the negligence of the Palm Beach County
80	Sheriff's Office in the following manner, as agreed to by the
81	parties in their settlement agreement:
82	(1)  Three hundred fifty thousand dollars, paid within 20
83	days after notice to the Palm Beach County Sheriff's Office upon
84	the effective date of this act;
85	(2)  Two hundred fifty thousand dollars, paid 1 year
86	following the date of the payment of the first payment of
87	$350,000; and
88	(3)  Two hundred fifty thousand dollars, paid 2 years
89	following the date of the first payment of $350,000.
90	Section 3.  (1)  Within 20 days of the effective date of
91	this act, Jennifer Graham shall purchase a structured settlement
92	annuity at a cost of no less than $75,000 for the exclusive use
93	and benefit of her minor children, Ashley Graham, Tyler Graham,
94	and Hunter Graham. Pursuant to the terms of the annuity, each
95	child shall be guaranteed monthly payments beginning on the
96	month following the effective date of this act and ending on
97	each child's 18th birthday. Such funds are to follow the
98	children regardless of who their legal custodians are, where the
99	children are living, or Jennifer Graham's legal status as a
100	parent, and shall be in addition to any child support payments
101	that may be owed or owing by Jennifer Graham.
102	(2)  Within 13 months of the effective date of this act,
103	Jennifer Graham shall purchase a structured educational fund at
104	a cost to Jennifer Graham of no less than $45,000. Such fund
105	shall provide a semiannual benefit to each of her three minor
106	children, Ashley Graham, Tyler Graham, and Hunter Graham, for 4
107	years each, beginning on each child's 18th birthday. Such funds
108	are to follow the children regardless of who their legal
109	custodians are, where the children are living, or Jennifer
110	Graham's legal status as a parent, and shall be in addition to
111	any child support payments that may be owed or owing by Jennifer
112	Graham.
113	Section 4.  Payment for attorney's fees and costs incurred
114	by the claimant's attorneys shall not exceed $128,988. Payment
115	for the professional services and costs of lobbyists advocating
116	for passage of this claim shall not exceed $8,500.
117	Section 5.  This act shall take effect upon becoming a law.

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