HB 1223

1	A bill to be entitled
2	An act for the relief of Daniel Decembre, a minor, by and
3	through his parents and natural guardians, Desnar and
4	Mignone Decembre, by the Orange County School Board;
5	providing for an appropriation to compensate Daniel
6	Decembre for injuries and damages he sustained as a result
7	of negligence by agents and employees of the school board;
8	providing a limitation on attorney's fees, lobbying fees,
9	costs, and other similar expenses relating to the claim;
10	providing an effective date.
11
12	WHEREAS, on March 4, 2003, a dog came onto the school
13	premises of Ridgewood Park Elementary School, located in Orange
14	County, Florida, and attacked Daniel Decembre, causing him
15	serious and permanent injuries, and
16	WHEREAS, as a result of the dog attack of March 4, 2003,
17	Daniel Decembre has had to undergo several corrective surgeries,
18	and
19	WHEREAS, the Orange County School Board and its agents and
20	employees had advance notice of the dangerousness of dogs
21	entering the school premises of Ridgewood Park Elementary School
22	and had reported several incidents of loose dogs on the campus
23	of the school to the Orange County Animal Services, and
24	WHEREAS, the Orange County School Board and its agents and
25	employees knew or should have known that dogs on the school
26	premises of Ridgewood Park Elementary School would and could
27	harm one of its students, such as Daniel Decembre, and
28	WHEREAS, the Orange County School Board and its agents and
29	employees failed to secure the premises of Ridgewood Park
30	Elementary School from dogs entering where Daniel Decembre was
31	injured, and
32	WHEREAS, as a direct and proximate result of negligence by
33	the Orange County School Board and its agents and employees,
34	Daniel Decembre suffered serious physical and mental injuries;
35	will continue to experience mental and physical pain and
36	suffering, disability, and loss of capacity for the enjoyment of
37	life; and will require additional medical care, surgeries,
38	psychiatric care, and hospitalization, continuing beyond the age
39	of majority, and
40	WHEREAS, in the future, Daniel Decembre will also suffer
41	lost wages and loss of earning capacity, and
42	WHEREAS, following a lawsuit filed by Desnar and Mignone
43	Decembre, the Orange County School Board agreed to a settlement
44	in the amount of $2 million, of which $200,000 was paid within
45	30 days after the date of the settlement agreement, and
46	$1,800,000 is sought through the submission of a claim bill to
47	the Legislature with respect to which the Orange County School
48	Board has agreed to remain neutral, NOW, THEREFORE,
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  The facts stated in the preamble to this act
53	are found and declared to be true.
54	Section 2.  The Orange County School Board is authorized
55	and directed to appropriate from funds of the school board not
56	otherwise encumbered and to draw a warrant in the amount of
57	$1,800,000 payable to Desnar and Mignone Decembre, parents and
58	natural guardians of Daniel Decembre, to compensate Daniel
59	Decembre for personal injuries and damages suffered as a result
60	of negligence by agents and employees of the Orange County
61	School Board.
62	Section 3.  Any amount awarded under this act pursuant to
63	the waiver of sovereign immunity permitted under s. 768.28,
64	Florida Statutes, and this award is intended to provide the sole
65	compensation for all present and future claims arising out of
66	the factual situation described in the preamble to this act
67	which resulted in the injury to Daniel Decembre. The total
68	amount paid for attorney's fees, lobbying fees, costs, and other
69	similar expenses relating to this claim may not exceed 25
70	percent of the amount awarded under section 2.
71	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.