| 1 | A bill to be entitled |
| 2 | An act for the relief of Carl Abbott by the Palm Beach |
| 3 | County School Board; providing for an appropriation to |
| 4 | compensate Carl Abbott for injuries sustained as a |
| 5 | result of the negligence of the Palm Beach County |
| 6 | School District; providing a limitation on the payment |
| 7 | of fees and costs; providing an effective date. |
| 8 |
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| 9 | WHEREAS, on June 30, 2008, 67-year-old Carl Abbott was |
| 10 | struck by a school bus driven by an employee of the Palm Beach |
| 11 | County School District while Mr. Abbott was crossing the street |
| 12 | in a designated crosswalk at the intersection of South Anchorage |
| 13 | Drive and U.S. 1 in Palm Beach County, and |
| 14 | WHEREAS, as a result of the accident, Carl Abbott suffered |
| 15 | a closed-head injury, traumatic brain injury, subdural hematoma, |
| 16 | and subarachnoid hemorrhage, and |
| 17 | WHEREAS, as a result of his injuries, Carl Abbott must now |
| 18 | reside in a nursing home, suffers from loss of cognitive |
| 19 | function, right-sided paralysis, immobility, urinary |
| 20 | incontinence, bowel incontinence, delirium, and an inability to |
| 21 | speak, and must obtain nutrition through a feeding tube, and |
| 22 | WHEREAS, the Palm Beach County School Board unanimously |
| 23 | passed a resolution in support of settling the lawsuit that was |
| 24 | filed in this case, tendered payment of $100,000 to Carl Abbott, |
| 25 | in accordance with the statutory limits of liability set forth |
| 26 | in s. 768.28, Florida Statutes, and does not oppose the passage |
| 27 | of this claim bill in favor of Carl Abbott in the amount of |
| 28 | $1,900,000, as structured, NOW, THEREFORE, |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. The facts stated in the preamble to this act |
| 33 | are found and declared to be true. |
| 34 | Section 2. The Palm Beach County School Board is |
| 35 | authorized and directed to appropriate from funds of the school |
| 36 | board not otherwise appropriated and to draw warrants in the |
| 37 | amount of $211,111.11 each fiscal year beginning in 2012 through |
| 38 | 2019, inclusive, and $211,111.12 in the 2020 fiscal year for a |
| 39 | total of $1,900,000, payable to David Abbott, guardian of Carl |
| 40 | Abbott, as compensation for injuries and damages sustained as a |
| 41 | result of the negligence of an employee of the Palm Beach County |
| 42 | School District. The payments shall cease upon the death of Carl |
| 43 | Abbott if he dies prior to the last payment being made. However, |
| 44 | David Abbott, as guardian of Carl Abbott, shall be guaranteed a |
| 45 | minimum payment amount of $633,333.33 if Carl Abbott dies within |
| 46 | 3 years after the effective date of this act. The amount |
| 47 | represents three annual payments and shall be payable on the |
| 48 | annual due dates. |
| 49 | Section 3. The amount paid by the Palm Beach County School |
| 50 | Board pursuant to s. 768.28, Florida Statutes, and this award |
| 51 | are intended to provide the sole compensation for all present |
| 52 | and future claims against the Palm Beach County School District |
| 53 | arising out of the factual situation that resulted in the |
| 54 | injuries to Carl Abbott as described in this act. The total |
| 55 | amount paid for attorney's fees, lobbying fees, costs, and other |
| 56 | similar expenses relating to this claim may not exceed 25 |
| 57 | percent of the total amount awarded under this act. |
| 58 | Section 4. This act shall take effect upon becoming a law. |