A Senate committee Wednesday approved two claims bills that are priorities of Senate President Mike Haridopolos -- but a renewed lobbying battle looms about a proposal to award more than $15 million to a Broward County man.
The Senate Rules Committee voted 9-1 to move forward with SB 4, which calls for the Broward County sheriff's office to pay $15.575 million to Eric Brody, who suffered debilitating injuries in a 1998 car accident with a sheriff's deputy.
But Pete Antonacci, a lobbyist for the sheriff's office insurer, said the bill is part of a "scheme" by Brody's attorneys to bring what is known as a bad-faith lawsuit against his client. Antonacci said the insurer is willing to pay $8.5 million to Brody to settle the dispute but has been rebuffed.
"$8.5 million is a lot of money,'' Antonacci told the committee. "It's real cash, and it purchases a lot.''
But Lance Block, an attorney for Brody, said $8.5 million would not cover the costs to care for the Broward County man, who suffered brain damage and was in a coma for six months after the accident.
Block argues that the insurer, which operated as Ranger Insurance Co. at the time of the accident, had repeated opportunities to settle the case for $3 million before it went to trial. A Broward County jury in 2005 awarded $30.6 million to Brody, but state sovereign-immunity laws place a $200,000 limit on what the county could be forced to pay without lawmakers approving a claims bill for a larger amount.
"The insurance company handled this case so egregiously -- that is why they're offering $8.5 million,'' Block said.
Rules Chairman John Thrasher, R-Jacksonville, implored the two sides to try to reach an agreement to end the dispute.
"This case cries out to be resolved,'' Thrasher said. "Eric Brody needs to be helped.''
Haridopolos has made a priority of passing claims bills to provide money to Brody and William Dillon, who spent 27 years in prison after being wrongfully convicted in a 1981 murder in Brevard County. The bills could pass the Senate during the first week of the 2012 legislative session.
The state Senate president, who made a rare committee appearance during Wednesday's meeting, also pushed claims bills for Brody and Dillon during the 2011 session. But the bills died in the House in the final chaotic hours of the session.
The Rules Committee voted 11-0 to support SB 2, which would provide $1.35 million to Dillon --- $50,000 for each year he was in prison. Haridopolos, who is sponsoring the Dillon bill, called it the "right thing to do.''
"We can never take back what he has experienced,'' said Sen. Larcenia Bullard, D-Miami. "But we know this. We have at least given something of value to say we're sorry.''
The Brody bill appears to be far more controversial than the Dillon proposal, at least in part because of the large amount of money involved. A House version of the bill calls for Brody to receive the full $30.6 million awarded by the Broward jury.
Sen. Don Gaetz, a Niceville Republican who argues the claims bill process is flawed, was the only member of the Rules Committee to vote against the Brody bill Wednesday. While Gaetz said he typically votes against such bills, he supported the Dillon bill.
Brody was 18 years old and college bound when a Broward deputy slammed into his car while speeding to make a roll call.
The bad-faith issue shadows the legislative debate about compensating Brody. Under a likely scenario, Broward County would not be forced to pay the amount awarded in a claims bill. Instead, it would effectively hand over the case to the Brody family, which would file a bad-faith lawsuit to try to force the insurer to pay.
That would offer the political advantage of forcing an insurer -- not Broward County taxpayers -- to pay the damages. Also, it could force the insurer to pay millions of dollars in additional legal fees if it loses.
But such a move also carries a big risk for Brody. If the bad-faith lawsuit is unsuccessful, he would receive no money.
"This bill is no longer a claims bill in any traditional sense,'' Antonacci said. "It is a bill that puts a target on the back of a private company.''
But with Brody watching from a wheelchair at the front of the committee room, Block said the $15.575 million included in the claims bill does not even include compensation for such things as pain and suffering.
"Eric is a human being (who) at the very least deserves to have all his bills paid,'' Block said.
