CS for SB 4                               Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       20124e2
       
    1                        A bill to be entitled                      
    2         An act for the relief of Eric Brody by the Broward
    3         County Sheriff’s Office; providing for an
    4         appropriation to compensate Eric Brody for injuries
    5         sustained as a result of the negligence of the Broward
    6         County Sheriff’s Office; providing a limitation on the
    7         payment of fees and costs related to the claim against
    8         the Broward County Sheriff’s Office; providing
    9         legislative intent regarding lien interests held by
   10         the state; providing an effective date.
   11  
   12         WHEREAS, on March 3, 1998, Eric Brody was driving home in
   13  his 1982 AMC Concord eastbound on Oakland Park Boulevard in
   14  Sunrise, Florida, and
   15         WHEREAS, that same evening, Broward County Sheriff’s Deputy
   16  Christopher Thieman was driving his Broward County Sheriff’s
   17  Office cruiser on his way to work, and
   18         WHEREAS, Deputy Thieman struck Eric Brody’s car, leaving
   19  Eric profoundly injured, and
   20         WHEREAS, the case was tried to a jury and the court
   21  rendered a final judgment of $30,879,670.30, and
   22         WHEREAS, the parties have reached a settlement in the
   23  amount of $10,750,000, with other terms of value, and $200,000
   24  has been paid pursuant to the limits of liability set forth in
   25  s. 768.28, Florida Statutes, NOW, THEREFORE,
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. The facts stated in the preamble to this act are
   30  found and declared to be true.
   31         Section 2. The insurer of the Sheriff of Broward County has
   32  agreed to pay, and is authorized and directed to pay,
   33  $10,750,000 on behalf of the Broward County Sheriff’s Office to
   34  the Guardianship of Eric Brody to be placed in a special needs
   35  trust created for the exclusive use and benefit of Eric Brody as
   36  compensation by the Broward County Sheriff’s Office and its
   37  insurer, Fairmont Specialty Insurance Company, f/k/a Ranger
   38  Insurance Company, for injuries brought about by the facts set
   39  forth in the preamble of this act.
   40         Section 3. The amount awarded under this act is intended to
   41  provide the sole compensation for all present and future claims,
   42  including all attorney fees, lobbying fees, and related costs,
   43  arising out of the factual situation described in this act which
   44  resulted in the injuries to Eric Brody, and hereby releases the
   45  Broward County Sheriff’s Office and Fairmont Specialty Insurance
   46  Company, f/k/a Ranger Insurance Company, the Broward County
   47  Board of County Commissioners, Broward County, and Christopher
   48  Thieman from any further liability. No part of the amount
   49  awarded under this act may be used toward the payment of
   50  attorney fees, lobbying fees, costs, or other similar expenses
   51  incurred on behalf of the Guardianship of Eric Brody in pursuit
   52  of this claim or the related underlying litigation.
   53         Section 4. It is the intent of the Legislature that the
   54  lien interests relating to the claim of the Guardianship of Eric
   55  Brody for the treatment and care of Eric Brody, including
   56  Medicaid liens, are hereby waived or extinguished.
   57         Section 5. This act shall take effect upon becoming a law.