Bill Text: FL H1487 | 2011 | Regular Session | Comm Sub

Florida House Claim 1487 (Prior Session Legislation)

Bill Title: Relief/Carl Abbott/Palm Beach County School Board

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1487 Detail]

Download: Florida-2011-H1487-Comm_Sub.html

CS/HB 1487

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 result
5	of the negligence of the Palm Beach County School
6	District; providing a limitation on the payment of fees
7	and costs; providing an effective date.
8
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 suffers
18	from loss of cognitive function, right-sided paralysis,
19	immobility, urinary incontinence, bowel incontinence, delirium,
20	and an inability to speak, and must obtain nutrition through a
21	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
30	Be It Enacted by the Legislature of the State of Florida:
31
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 2011 through
38	2018, inclusive, and $211,111.12 in the 2019 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.