Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/HB 6549, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             04/28/2017 02:09 PM       .      05/03/2017 11:33 AM       
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The facts stated in the preamble to this act are
    6  found and declared to be true.
    7         Section 2. (1) The Palm Beach County School Board is
    8  authorized and directed to appropriate from funds of the school
    9  board not otherwise appropriated and, no later than 20 days
   10  after the effective date of this act, draw a warrant in the sum
   11  of $790,000, payable to Altavious Carter as compensation for
   12  injuries and damages sustained.
   13         (2) The amount paid by the Palm Beach County School Board
   14  under s. 768.28, Florida Statutes, and the amount awarded under
   15  section 2 of this act are intended to provide the sole
   16  compensation for all present and future claims arising out of
   17  the factual situation described in this act which resulted in
   18  injuries to Altavious Carter. The total amount paid for attorney
   19  fees relating to this claim may not exceed 25 percent of the
   20  total amount awarded under section 2 of this act.
   21         Section 3. (1) The Palm Beach County School Board is
   22  authorized and directed to:
   23         (a) Appropriate from funds of the school board not
   24  otherwise encumbered and, no later than 30 days after the
   25  effective date of this act, draw a warrant in the sum of $1.7
   26  million payable to Dustin Reinhardt, to be placed in the Special
   27  Needs Trust created for the exclusive use and benefit of Dustin
   28  Reinhardt, as compensation for injuries and damages sustained.
   29         (b) Purchase, for Dustin Reinhardt’s benefit, three
   30  separate $1 million annuities, over a successive 3-year period
   31  of time. The first annuity shall be purchased in the year this
   32  claim bill is enacted with the other two annuities purchased in
   33  successive years thereafter. The first annuity shall make annual
   34  disbursements to Dustin Reinhardt, to be placed in the Special
   35  Needs Trust created for the exclusive use and benefit of Dustin
   36  Reinhardt, beginning on or about September 2023. The second and
   37  third annuities shall make annual disbursements to Dustin
   38  Reinhardt, to be placed in the Special Needs Trust created for
   39  the exclusive use and benefit of Dustin Reinhardt, pursuant to
   40  their terms.
   41         (2) The amount paid by the Palm Beach County School Board
   42  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   43  under section 3 of this act are intended to provide the sole
   44  compensation for all present and future claims arising out of
   45  the factual situation described in this act which resulted in
   46  injuries and damages to Dustin Reinhardt. Of the amount awarded
   47  under section 3 of this act, the total amount paid for attorney
   48  fees may not exceed $940,000, the total amount paid for lobbying
   49  fees may not exceed $235,000, and no amount may be paid for
   50  costs and other similar expenses relating to this claim.
   51  Attorney or lobbying fees may not be assessed against the value
   52  of the annuity.
   53         Section 4. This act shall take effect upon becoming a law.
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete everything before the enacting clause
   58  and insert:
   59                        A bill to be entitled                      
   60         An act relating to the payment of claims by the Palm
   61         Beach County School Board; providing for an
   62         appropriation to compensate Altavious Carter for
   63         injuries sustained as a result of the negligence of a
   64         bus driver of the Palm Beach County School District;
   65         providing that the amount awarded under the act to
   66         Altavious Carter satisfies all present and future
   67         claims related to the negligent act; providing a
   68         limitation on the payment of fees; providing for an
   69         appropriation and annuity to compensate Dustin
   70         Reinhardt for injuries sustained as a result of the
   71         negligence of employees of the Palm Beach County
   72         School District; providing that certain payments and
   73         the amount awarded under the act to Dustin Reinhardt
   74         satisfy all present and future claims related to the
   75         negligent act; providing a limitation on the payment
   76         of compensation, fees, and costs; providing an
   77         effective date.
   78  
   79         WHEREAS, in regards to Altavious Carter, he was a 14-year
   80  old freshman at Summit Christian School in Palm Beach County on
   81  December 15, 2005, while riding as a passenger in a vehicle
   82  driven by Vincent H. Merriweather, and
   83         WHEREAS, while Vincent H. Merriweather was stopped at a red
   84  light at the intersection of Forest Hill Boulevard and Olympia
   85  Boulevard in Palm Beach County, his vehicle, a van, was struck
   86  by a school bus driven by an employee of the Palm Beach County
   87  School District, and
   88         WHEREAS, the bus driver, Dennis Gratham, was cited for
   89  careless driving and the speed of the bus at the time of impact
   90  was 48.5 miles per hour, and
   91         WHEREAS, the seat in which Altavious Carter was sitting was
   92  broken as a result of the crash, and Altavious Carter, who was
   93  wearing a seatbelt, was thrown into the back of the van, his
   94  neck was broken at the C6 level, and he suffered a C6-7 interior
   95  subluxation and reversal of normal cervical lordosis, with
   96  spinal cord flattening, and
   97         WHEREAS, Altavious Carter was taken by ambulance to
   98  Wellington Regional Medical Center and subsequently to St.
   99  Mary’s Medical Center, where he was diagnosed and treated for
  100  the injuries he sustained, and
  101         WHEREAS, Altavious Carter received a discectomy and fusion
  102  at C6-7, along with placement of a bone graft and cage, plates,
  103  and screws to fuse the spine at C6-7, and
  104         WHEREAS, following rehabilitation, an MRI taken in June
  105  2009 indicated a small herniation at the C7-T1 level,
  106  representing the start of degenerative disc disease, and
  107         WHEREAS, on February 25, 2010, Altavious Carter received a
  108  jury verdict against the Palm Beach County School Board, and the
  109  court entered a judgment in the amount of $1,094,034.30, and
  110         WHEREAS, on August 4, 2010, an additional final cost
  111  judgment in the amount of $46,830.11 was entered in favor of
  112  Altavious Carter against the Palm Beach County School Board in
  113  the same matter, and
  114         WHEREAS, Altavious Carter and the Palm Beach County School
  115  Board have agreed to a settlement of the claim in the amount of
  116  $790,000, and
  117         WHEREAS, in regards to Dustin Reinhardt, he was a student
  118  at Seminole Ridge Community High School in Loxahatchee in Palm
  119  Beach County in September 2013, and was involved in the Army
  120  Junior Reserve Officer Training Corps for which he received
  121  honors for his participation, and
  122         WHEREAS, on September 4, 2013, while in auto shop class at
  123  Seminole Ridge Community High School, Dustin Reinhardt was
  124  inflating a large truck tire, which proceeded to explode,
  125  striking him in his head, and
  126         WHEREAS, immediately following the explosion, Dustin
  127  Reinhardt was airlifted to St. Mary’s Medical Center in West
  128  Palm Beach where he underwent multiple surgeries, including
  129  skull and facial reconstruction procedures, was placed in a
  130  chemically induced coma, and spent more than 4 weeks in the
  131  intensive care unit, and
  132         WHEREAS, Dustin Reinhardt has continued to be impacted by
  133  the injuries he incurred from the explosion, including the loss
  134  of vision in his right eye, short-term memory loss, and a recent
  135  diagnosis of severe traumatic brain injury, and
  136         WHEREAS, the traumatic brain injury will impair Dustin
  137  Reinhardt’s executive function and has resulted in symptoms such
  138  as the exhibition of socially inappropriate behavior, difficulty
  139  in planning and taking initiative, difficulty with verbal
  140  fluency, an inability to multitask, and difficulty in
  141  processing, storing, and retrieving information, and
  142         WHEREAS, because of the explosion, Dustin Reinhardt
  143  continues to live in supervised care at the Neuro International
  144  and is unlikely to ever live an independent life, and
  145         WHEREAS, the injuries that Dustin Reinhardt sustained were
  146  foreseeable and preventable and the school had a duty to prevent
  147  his injuries, and
  148         WHEREAS, Dustin Reinhardt and the Palm Beach County School
  149  Board have agreed to a settlement in the sum of $5 million, and
  150  the Palm Beach County School Board has paid $300,000 of the
  151  settlement pursuant to the statutory limits of liability set
  152  forth in s. 768.28, Florida Statutes, leaving a remaining
  153  balance of $4.7 million, NOW, THEREFORE,