SB 4 — Relief of Dontrell Stephens by the Palm Beach County Sheriff’s Office

Florida Senate - 2020 (NP) CS for SB 4 By Senator Flores 39-00166-20 20204__ A bill to be entitled An act for the reliefCommittee ofon DontrellJudiciary; Stephens through Evett L.

and Senator Flores 590-03957-20 20204c1 A bill to be entitled An act for the relief of Dontrell Stephens through Evett L.

Stephens entered his back, severing his spinal cord and rendering him permanently paraplegic, and WHEREAS, during testimony at trial, Deputy Sheriff Lin stated that he mistook a cellcellphone phone,for whicha handgun, and such testimony was clearlyfound visibleto throughoutbe not credible and was unanimously rejected by the encounterjury, withand WHEREAS, Mr.

Stephens,Stephens’ fortestimony, acorroborated handgun,by andvideo suchfrom testimonyDeputy wasSheriff foundLin’s todashboard becamera notand crediblephysical andevidence wasat unanimouslythe rejectedscene, byestablishes that the jury,only andoffense WHEREAS,committed by Mr.

Stephens’Stephens testimony,was corroborateda bynoncriminal videobicycle frominfraction, Deputythat Lin’she dashboardwas cameraunarmed, and physicalthat evidencehe atposed theno scene,reasonable establishesthreat thatto theDeputy onlySheriff offenseLin, committedand byWHEREAS, Mr.

Stephens was a noncriminal bicycle infraction, that he was unarmed, and that he posed no reasonable threat to Deputy Lin, and WHEREAS, Mr.

Stephens, through no fault of his own, and based solely on the wrongful conduct of an agent of the Palm Beach County Sheriff’s Office, suffered permanent and catastrophic injuries that will force him to use a wheelchair for the remainder of his life, and WHEREAS, Mr.

Stephens compensatory damages resulting in the entry of a final judgment in the amount of $22,431,892.05, plus postjudgment interest and costs, and WHEREAS, in an opinion rendered on January 10, 2018, with rehearing en banc denied on September 10, 2018, the United States Court of Appeals for the Eleventh11th Circuit affirmed the factual findings and the judgment of the trial court in the case, and WHEREAS, in the 5 years since being paralyzed, Mr.

Stephens has incurred more than $1.4 million in unpaid expenses for his care and treatment, and WHEREAS, thein costsaccordance incurredwith in the prosecutionstatutory limits of theliability claimsset onforth behalfin ofs. Mr.

Stephens768.28, exceedFlorida $260,000,Statutes, withRic $60,000Bradshaw, remainingin tohis becapacity paid,as andSheriff WHEREAS,of inPalm accordanceBeach withCounty, has paid $200,000 toward the statutorytotal limitsamount of liabilitythis setclaim, forthNOW, inTHEREFORE, s.54 Be It Enacted by the Legislature of the State of Florida:

768.28,56 FloridaSection Statutes,1. The Ricfacts Bradshaw,stated in his capacity as Sheriff of Palm Beach County, has paid $200,000 toward the totalpreamble amountto of this claim,act NOW,are THEREFORE,found 63and Bedeclared Itto Enactedbe bytrue. the Legislature of the State of Florida:

65 Section 1. The2. The factsPalm statedBeach inCounty theSheriff’s preambleOffice is authorized and directed to thisappropriate actfrom arefunds foundof andthe declaredPalm Beach County Sheriff’s Office not otherwise encumbered and to bedraw true.a warrant in the sum of $4.5 million as follows:

Sectionup 2. The Palm Beach County Sheriff’s Office is authorized and directed to appropriate$3 frommillion funds of the Palm Beach County Sheriff’s Office not otherwise encumbered and to draw a warrant in the sum of $22,431,892.05 plus post-judgment interest as ordered in the final judgment, along with remaining costs in the amount of $60,000, payable to Evett L.

Simmons, as guardian of the property of Dontrell Stephens, to purchase a life care plan for Dontrell Stephens as compensation for injuries and damages sustained.sustained;

and $1.5 million to pay attorney fees, lobbying fees, and costs relating to this claim.

Section 4. This4. Excluding actthe shallfederal takeportions effectof uponany becomingliens, aMedicaid law.or otherwise, which the claimant must pay, it is the intent of the Legislature that the lien interests relating to the treatment and care of Dontrell Stephens are hereby waived and extinguished.

Section 5. This act shall take effect upon becoming a law.