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July 28, 2021
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       2010 Legislature                                           SB 12
    2         An act for the relief of Stephen Hall; providing an
    3         appropriation to compensate Stephen Hall for injuries
    4         sustained as a result of the negligence of an employee
    5         of the Department of Transportation; providing a
    6         limitation of the payment of fees and costs; providing
    7         an effective date.
    9         WHEREAS, on June 30, 1997, Stephen Hall was a passenger in
   10  a vehicle driven by his father, Edward Hall, traveling westbound
   11  on State Road 500 in Brevard County, Florida, and
   12         WHEREAS, David Eaker, an employee of the Department of
   13  Transportation, was stopped on the north shoulder of State Road
   14  500, headed in the same direction as the Hall vehicle, and
   15         WHEREAS, as the Hall vehicle approached his vehicle, David
   16  Eaker pulled into the path of the Hall vehicle, resulting in a
   17  collision between the two vehicles, and
   18         WHEREAS, Stephen Hall was injured and was transported by
   19  ambulance to Holmes Regional Medical Center in Melbourne, where
   20  he was treated for multiple traumatic injuries, including
   21  multiple facial fractures and lacerations; multiple intra-oral
   22  mucosal lacerations; and orthopedic injuries to his right arm
   23  and shoulder, neck, and both knees, and
   24         WHEREAS, as a result of the injuries, Stephen Hall was
   25  subjected to multiple surgeries and physical therapy, will
   26  likely need additional surgery for the injuries in the future,
   27  missed 2 years of school, has suffered from mood swings and
   28  depression, and has permanent facial disfigurement and
   29  continuing problems as a result of the injuries, and
   30         WHEREAS, Stephen Hall’s medical expenses total $51,586.81
   31  to date, and
   32         WHEREAS, David Eaker was determined to be at fault and was
   33  charged with failure to yield the right-of-way, and
   34         WHEREAS, the Halls filed suit in the Eighteenth Judicial
   35  Circuit, in and for Brevard County, against the Department of
   36  Transportation in case number 05-2001-CA-006293, and
   37         WHEREAS, the parties mediated the case and reached a
   38  settlement of all claims, and
   39         WHEREAS, the parties entered into a settlement agreement in
   40  which the Department of Transportation admitted liability and
   41  agreed to the entry of a consent judgment in the amount of
   42  $500,000, and
   43         WHEREAS, the Department of Transportation has previously
   44  paid $112,000 to the claimant and agreed to affirmatively
   45  support a claim bill in the amount of $388,000, NOW, THEREFORE,
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. The facts stated in the preamble to this act are
   50  found and declared to be true.
   51         Section 2. The Executive Office of the Governor is directed
   52  to establish spending authority from unappropriated trust fund
   53  balances in the Department of Transportation in the amount of
   54  $388,000 to a new category titled “Relief: Stephen Hall” as
   55  relief for injuries and damages sustained, which amount includes
   56  attorney’s fees and costs.
   57         Section 3. The Chief Financial Officer is directed to draw
   58  a warrant, pursuant to the Stipulated Settlement Agreement
   59  executed by the Department of Transportation and Stephen Hall,
   60  in the sum of $388,000, upon funds of the Department of
   61  Transportation in the State Treasury, and the Chief Financial
   62  Officer is directed to pay the same out of funds in the State
   63  Treasury.
   64         Section 4. Any amount awarded under this act pursuant to
   65  the waiver of sovereign immunity permitted under s. 768.28,
   66  Florida Statutes, and this award are intended to provide the
   67  sole compensation for all present and future claims arising out
   68  of the factual situation described in the preamble to this act
   69  which resulted in the injury to Stephen Hall. The total amount
   70  paid for attorney’s fees, lobbying fees, costs, and other
   71  similar expenses relating to this claim may not exceed 25
   72  percent of the amount awarded under section 2.
   73         Section 5. This act shall take effect upon becoming a law.

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