Bill Text: FL H0911 | 2012 | Regular Session | Introduced

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Bill Title: Relief/Altavious Carter/Palm Beach County School Board

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Civil Justice Subcommittee [H0911 Detail]

Download: Florida-2012-H0911-Introduced.html

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HB 911

1	A bill to be entitled
2	An act for the relief of Altavious Carter by the Palm
3	Beach County School Board; providing for an
4	appropriation to compensate Altavious Carter for
5	injuries sustained as a result of the negligence of a
6	bus driver of the Palm Beach County School District;
7	providing a limitation on the payment of fees and
8	costs; providing an effective date.
9
10	WHEREAS, on December 15, 2005, 14-year-old Altavious
11	Carter, a freshman at Summit Christian School in Palm Beach
12	County, was a passenger in a vehicle driven by Vincent H.
13	Merriweather which was struck by a school bus driven by an
14	employee of the Palm Beach County School District while Mr.
15	Merriweather was stopped at a red light at the intersection of
16	Forest Hill Boulevard and Olympia Boulevard in Palm Beach
17	County, and
18	WHEREAS, the bus driver, Dennis Gratham, was cited for
19	careless driving and the speed of the bus at the time of impact
20	was 48.5 miles per hour, and
21	WHEREAS, the seat in which Altavious Carter was sitting was
22	broken as a result of the crash, and Mr. Carter, who was wearing
23	a seatbelt, was thrown into the back of the van, his neck was
24	broken at the C6 level, and he suffered a C6-7 interior
25	subluxation and reversal of normal cervical lordosis, with
26	spinal cord flattening, and
27	WHEREAS, Altavious Carter was taken by ambulance to
28	Wellington Regional Medical Center and subsequently to St.
29	Mary's Medical Center where he was diagnosed and treated for
30	these injuries, and
31	WHEREAS, Altavious Carter received a discectomy/fusion at
32	C6-7, along with placement of a bone graft and cage, plates, and
33	screws to fuse the spine at C6-7, and
34	WHEREAS, following rehabilitation, an MRI was taken in June
35	2009 which indicated a small herniation at the C7-T1 level,
36	representing the start of degenerative disc disease, and
37	WHEREAS, on February 25, 2010, Altavious Carter received a
38	jury verdict against the Palm Beach County School Board and the
39	court entered a judgment in the amount of $1,094,034.30, and
40	WHEREAS, the Palm Beach County School Board is obligated to
41	pay the statutory limit of $100,000 under s. 768.28, Florida
42	Statutes, and
43	WHEREAS, the Palm Beach County School Board is responsible
44	for paying the remainder of the judgment, which is $994,034.30,
45	NOW, THEREFORE,
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  The facts stated in the preamble to this act
50	are found and declared to be true.
51	Section 2.  The Palm Beach County School Board is
52	authorized and directed to appropriate from funds of the school
53	board not otherwise encumbered and to draw a warrant in the sum
54	of $944,034.30, payable to Altavious Carter, as compensation for
55	injuries and damages sustained.
56	Section 3.  The amount paid by the Palm Beach County School
57	Board pursuant to s. 768.28, Florida Statutes, and amount
58	awarded under this act are intended to provide the sole
59	compensation for all present and future claims arising out of
60	the factual situation described in this act which resulted in
61	injuries to Altavious Carter. The total amount paid for
62	attorney's fees, lobbying fees, costs, and other similar
63	expenses relating to this claim may not exceed 25 percent of the
64	total amount awarded under this act.
65	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.