Bill Text: FL S0004 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relief of Eric Brody by the Broward County Sheriff's Office

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2012-03-08 - Ordered engrossed, then enrolled -SJ 1129 [S0004 Detail]

Download: Florida-2012-S0004-Engrossed.html

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       CS for SB 4                                      First Engrossed
       
       
       
       
       
       
       
       
       20124e1
       
    1                        A bill to be entitled                      
    2         An act for the relief of Eric Brody by the Broward
    3         County Sheriff’s Office; providing for an
    4         appropriation to compensate Eric Brody for injuries
    5         sustained as a result of the negligence of the Broward
    6         County Sheriff’s Office; providing a limitation on the
    7         payment of fees and costs related to the claim against
    8         the Broward County Sheriff’s Office; providing
    9         legislative intent regarding lien interests held by
   10         the state; providing an effective date.
   11  
   12         WHEREAS, on March 3, 1998, Eric Brody was driving home in
   13  his 1982 AMC Concord eastbound on Oakland Park Boulevard in
   14  Sunrise, Florida, and
   15         WHEREAS, that same evening, Broward County Sheriff’s Deputy
   16  Christopher Thieman was driving his Broward County Sheriff’s
   17  Office cruiser on his way to work, and
   18         WHEREAS, Deputy Thieman struck Eric Brody’s car, leaving
   19  Eric profoundly injured, and
   20         WHEREAS, the case was tried to a jury and the court
   21  rendered a final judgment of $30,879,670.30, and
   22         WHEREAS, the parties have reached a settlement in the
   23  amount of $10,750,000, with other terms of value, and $200,000
   24  has been paid pursuant to the limits of liability set forth in
   25  s. 768.28, Florida Statutes, NOW, THEREFORE,
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. The facts stated in the preamble to this act are
   30  found and declared to be true.
   31         Section 2. The insurer of the Sheriff of Broward County has
   32  agreed to, and is authorized and directed to pay $10,750,000 on
   33  behalf of the Broward County Sheriff’s Office to the
   34  Guardianship of Eric Brody as compensation by the Broward
   35  Sheriff’s Office and its insurer, Fairmont Specialty Insurance
   36  Company, f/k/a Ranger Insurance Company, for injuries brought
   37  about by the facts set forth in the preamble of this act.
   38         Section 3. This award is the sole compensation for all
   39  present and future claims, including all attorney fees, lobbying
   40  fees, and related costs, arising out of the factual situation
   41  described in this act which resulted in the injuries to Eric
   42  Brody, and hereby releases the Broward County Sheriff’s Office
   43  and Fairmont Specialty Insurance Company, f/k/a Ranger Insurance
   44  Company, the Broward County Board of County Commissioners,
   45  Broward County, and Christopher Thieman from any further
   46  liability. The total amount of attorney fees, lobbying fees, and
   47  related costs may not exceed 25 percent of the total amount
   48  awarded under this act. The attorney fees, lobbying fees and
   49  related costs are to be paid to and for the benefit of the
   50  Guardianship’s representatives registered pursuant to s. 11.045,
   51  Florida Statutes.
   52         Section 4. It is the intent of the Legislature that all
   53  lien interests relating to the claim of the Guardianship of Eric
   54  Brody and the treatment and care of Eric Brody, including
   55  Medicaid liens and any charging lien in excess of the sovereign
   56  immunity cap, are hereby waived or extinguished.
   57         Section 5. This act shall take effect upon becoming a law.