Bill Text: FL H0363 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relief/Erskin Bell, II/City of Altamonte Springs

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted SB 54; Laid on Table, companion bill(s) passed, see SB 54 (Ch. 2010-239) -HJ 01174 [H0363 Detail]

Download: Florida-2010-H0363-Introduced.html
HB 363
1
A bill to be entitled
2An act for the relief of Erskin Bell, II, by the City of
3Altamonte Springs; providing an appropriation to
4compensate him for injuries and damages sustained as the
5result of negligence by the City of Altamonte Springs;
6providing a limitation on the payment of fees and costs;
7providing an effective date.
8
9 WHEREAS, in the fall of 2008, Erskin Bell, II, was a 20-
10year-old college student studying to be an air traffic
11controller, and
12 WHEREAS, on November 30, 2008, Mr. Bell was a passenger in
13a 2001 Honda Civic driven by his friend, 18-year-old Jennifer
14Hernandez. Returning from a church function, Ms. Hernandez and
15Mr. Bell were stopped at a red light at the intersection of
16Maitland Boulevard and Bear Lake Road just southwest of
17Altamonte Springs, in Orlando. While stopped at the traffic
18signal, their vehicle was struck from behind by an Altamonte
19Springs police car driven by Officer Mark Edward Maupin, and
20 WHEREAS, Officer Maupin was traveling at more than 100
21miles per hour when he hit the rear of the vehicle occupied by
22Ms. Hernandez and Mr. Bell. The force of the resulting wreck was
23so severe that it demolished the car occupied by Ms. Hernandez
24and Mr. Bell. Mr. Bell was rendered unconscious by the impact
25and both Mr. Bell and Ms. Hernandez were airlifted to Orlando
26Regional Medical Center. Mr. Bell sustained catastrophic
27injuries, including massive skull fractures to his head and
28face, intracranial hemorrhaging, massive bilateral brain damage,
29and numerous internal injuries. Ms. Hernandez was hospitalized
30with a skull fracture. Officer Maupin also suffered a skull
31fracture and was taken to Florida Hospital South, and
32 WHEREAS, Erskin Bell has never regained consciousness and
33remains in a coma, requires 24-hour care, and the professional
34Life Care Plan estimates that about $30 million will be required
35to provide care for Mr. Bell for his remaining life expectancy,
36and
37 WHEREAS, the City of Altamonte Springs entered into a
38settlement agreement with Erskin Bell's father, as guardian for
39his son, to pay the $100,000 allowed under s. 768.28, Florida
40Statutes, relating to sovereign immunity, and an additional $2
41million, which is the limit of the city's municipal trust
42coverage through the Florida League of Cities, to cover the cost
43of Mr. Bell's current and future health care, and
44 WHEREAS, due to the need to expeditiously establish a
45Special Needs Trust to cover those costs, the City of Altamonte
46Springs has already paid $1.95 million to establish the Special
47Needs Trust, and
48 WHEREAS, the City of Altamonte Springs has agreed to
49support a claim bill by the Legislature in the amount of
50$150,000 in favor of Erskin Bell, II, to pay the remainder of
51the agreed amount, NOW, THEREFORE,
52
53Be It Enacted by the Legislature of the State of Florida:
54
55 Section 1. The facts stated in the preamble to this act
56are found and declared to be true.
57 Section 2. The City of Altamonte Springs is directed to
58appropriate from funds of the city not otherwise appropriated
59and to draw a warrant in the sum of $150,000, payable to the
60Special Needs Trust created for the exclusive use and benefit of
61Erskin Bell, II, as compensation for injuries and damages
62sustained.
63 Section 3. The amount paid by the City of Altamonte
64Springs pursuant to the settlement agreement between Erskin
65Bell, II, and the City of Altamonte Springs and the amount
66awarded under this act are intended to provide the sole
67compensation for all present and future claims against the City
68of Altamonte Springs or the City of Altamonte Springs Police
69Department arising out of the factual situation described in
70this act which resulted in the injuries and damages to Erskin
71Bell, II. The total amount paid for attorney's fees, lobbying
72fees, costs, and other similar expenses relating to this claim
73may not exceed 25 percent of the total amount awarded under this
74act.
75 Section 4. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.
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