HB 363

1	A bill to be entitled
2	An act for the relief of Erskin Bell, II, by the City of
3	Altamonte Springs; providing an appropriation to
4	compensate him for injuries and damages sustained as the
5	result of negligence by the City of Altamonte Springs;
6	providing a limitation on the payment of fees and costs;
7	providing an effective date.
8
9	WHEREAS, in the fall of 2008, Erskin Bell, II, was a 20-
10	year-old college student studying to be an air traffic
11	controller, and
12	WHEREAS, on November 30, 2008, Mr. Bell was a passenger in
13	a 2001 Honda Civic driven by his friend, 18-year-old Jennifer
14	Hernandez. Returning from a church function, Ms. Hernandez and
15	Mr. Bell were stopped at a red light at the intersection of
16	Maitland Boulevard and Bear Lake Road just southwest of
17	Altamonte Springs, in Orlando. While stopped at the traffic
18	signal, their vehicle was struck from behind by an Altamonte
19	Springs police car driven by Officer Mark Edward Maupin, and
20	WHEREAS, Officer Maupin was traveling at more than 100
21	miles per hour when he hit the rear of the vehicle occupied by
22	Ms. Hernandez and Mr. Bell. The force of the resulting wreck was
23	so severe that it demolished the car occupied by Ms. Hernandez
24	and Mr. Bell. Mr. Bell was rendered unconscious by the impact
25	and both Mr. Bell and Ms. Hernandez were airlifted to Orlando
26	Regional Medical Center. Mr. Bell sustained catastrophic
27	injuries, including massive skull fractures to his head and
28	face, intracranial hemorrhaging, massive bilateral brain damage,
29	and numerous internal injuries. Ms. Hernandez was hospitalized
30	with a skull fracture. Officer Maupin also suffered a skull
31	fracture and was taken to Florida Hospital South, and
32	WHEREAS, Erskin Bell has never regained consciousness and
33	remains in a coma, requires 24-hour care, and the professional
34	Life Care Plan estimates that about $30 million will be required
35	to provide care for Mr. Bell for his remaining life expectancy,
36	and
37	WHEREAS, the City of Altamonte Springs entered into a
38	settlement agreement with Erskin Bell's father, as guardian for
39	his son, to pay the $100,000 allowed under s. 768.28, Florida
40	Statutes, relating to sovereign immunity, and an additional $2
41	million, which is the limit of the city's municipal trust
42	coverage through the Florida League of Cities, to cover the cost
43	of Mr. Bell's current and future health care, and
44	WHEREAS, due to the need to expeditiously establish a
45	Special Needs Trust to cover those costs, the City of Altamonte
46	Springs has already paid $1.95 million to establish the Special
47	Needs Trust, and
48	WHEREAS, the City of Altamonte Springs has agreed to
49	support a claim bill by the Legislature in the amount of
50	$150,000 in favor of Erskin Bell, II, to pay the remainder of
51	the agreed amount, NOW, THEREFORE,
52
53	Be It Enacted by the Legislature of the State of Florida:
54
55	Section 1.  The facts stated in the preamble to this act
56	are found and declared to be true.
57	Section 2.  The City of Altamonte Springs is directed to
58	appropriate from funds of the city not otherwise appropriated
59	and to draw a warrant in the sum of $150,000, payable to the
60	Special Needs Trust created for the exclusive use and benefit of
61	Erskin Bell, II, as compensation for injuries and damages
62	sustained.
63	Section 3.  The amount paid by the City of Altamonte
64	Springs pursuant to the settlement agreement between Erskin
65	Bell, II, and the City of Altamonte Springs and the amount
66	awarded under this act are intended to provide the sole
67	compensation for all present and future claims against the City
68	of Altamonte Springs or the City of Altamonte Springs Police
69	Department arising out of the factual situation described in
70	this act which resulted in the injuries and damages to Erskin
71	Bell, II. The total amount paid for attorney's fees, lobbying
72	fees, costs, and other similar expenses relating to this claim
73	may not exceed 25 percent of the total amount awarded under this
74	act.
75	Section 4.  This act shall take effect upon becoming a law.

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