Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS for SB 4
Ì744610tÎ744610
LEGISLATIVE ACTION
Senate . House
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Senator Flores moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 56 - 80
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. The Palm Beach County Sheriff’s Office is
8 authorized and directed to appropriate from funds of the Palm
9 Beach County Sheriff’s Office not otherwise encumbered and to
10 draw a warrant in the sum of $4,500,000, payable as follows:
11 $3,375,000 payable at the direction of Evett L. Simmons, as
12 guardian of the property of Dontrell Stephens, to fund the
13 future care of Dontrell Stephens and as compensation for
14 injuries and damages sustained, and attorney fees, lobbying
15 fees, and costs relating to this claim shall not exceed 25
16 percent of the amount awarded.
17 Section 3. Except as provided in section 4 of this act, the
18 amount paid by the Palm Beach County Sheriff’s Office pursuant
19 to s. 768.28, Florida Statutes, and the amount awarded under
20 this act are intended to provide the sole compensation for all
21 present and future claims arising out of the factual situation
22 described in this act which resulted in injuries suffered by
23 Dontrell Stephens. The total amount paid for attorney fees
24 relating to this claim may not exceed 25 percent of the amount
25 awarded under this act.
26 Section 4. Excluding the federal portions of any liens,
27 Medicaid or otherwise, which the claimant must pay, it is the
28 intent of the Legislature that the lien interests relating to
29 the treatment and care of Dontrell Stephens are hereby waived
30 and extinguished. To the extent such lien interests are not
31 extinguished, it shall be the responsibility of the Palm Beach
32 County Sheriff’s Office to compromise or satisfy such liens up
33 to the amount of $1,500,000 and to indemnify and hold harmless
34 Dontrell Stephens and Evett L. Simmons, as guardian of the
35 property of Dontrell Stephens, from any liability, cost, or
36 expense which may arise in connection with such liens, except
37 for any obligation exceeding the total of $1,500,000, if any,
38 which shall remain the responsibility of Dontrell Stephens and
39 Evett L. Simmons, as guardian of the property of Dontrell
40 Stephens, to compromise or satisfy.
41 Section 5. This act shall take effect upon becoming a law.
42
43 ================= T I T L E A M E N D M E N T ================
44 And the title is amended as follows:
45 Delete lines 7 - 9
46 and insert:
47 of a deputy of the office; providing for payment of
48 compensation, fees, and costs; providing a limitation
49 on the payment of attorney fees, lobbying fees, and
50 costs; providing for the waiver and extinguishment of
51 certain liens; providing that certain unextinguished
52 lien interest shall be the responsibility of the Palm
53 Beach County Sheriff’s Office; providing a limitation
54 on the payment of such liens; providing an effective
55 date.