Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/SB 4, 1st Eng.
       
       
       
       
       
       
                                Barcode 653030                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/RM         .        Floor: SENA1/CA         
             03/07/2012 03:36 PM       .      03/08/2012 04:47 PM       
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       Senator Benacquisto moved the following:
       
    1         Senate Amendment to House Amendment (432013) 
    2  
    3         Delete lines 16 - 34
    4  and insert:
    5         Section 3. The amount awarded under this act is intended to
    6  provide the sole compensation for all present and future claims,
    7  including all attorney fees, lobbying fees, and related costs,
    8  arising out of the factual situation described in this act which
    9  resulted in the injuries to Eric Brody, and hereby releases the
   10  Broward County Sheriff’s Office and Fairmont Specialty Insurance
   11  Company, f/k/a Ranger Insurance Company, the Broward County
   12  Board of County Commissioners, Broward County, and Christopher
   13  Thieman from any further liability. The total amount of attorney
   14  fees, lobbying fees, and related costs may not exceed 15 percent
   15  of the first $1,000,000 awarded under this act, 10 percent of
   16  the second $1,000,000 awarded under this act, and 5 percent of
   17  the next $3,000,000 awarded under this act, for a total of
   18  $400,000, absent a waiver of this fee limitation executed by the
   19  legal guardians of the Guardianship of Eric Brody, and in such
   20  event, the fee may not exceed 25 percent of the total amount
   21  awarded under this act. All attorney fees, lobbying fees, and
   22  related costs under this act shall be paid exclusively to the
   23  claimants’ attorneys and lobbyists registered pursuant to s.
   24  11.045, Florida Statutes.
   25         Section 4. It is the intent of the Legislature that all
   26  lien interests relating to the claim of the Guardianship of Eric
   27  Brody, including liens for the treatment and care of Eric Brody
   28  and Medicaid liens, are hereby waived or extinguished.