House Bill hb0191

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    Florida House of Representatives - 2001                 HB 191

        By Representative Smith






  1                      A bill to be entitled

  2         An act relating to the Hillsborough County

  3         School Board; providing for the relief of Alana

  4         Kelly and Richard F. Taylor, Sr.; providing for

  5         an appropriation to compensate them for the

  6         death of their son, Richard F. Taylor, Jr.,

  7         caused by the negligence of a Hillsborough

  8         County School Board employee; providing an

  9         effective date.

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11         WHEREAS, on April 24, 1998, 21-year-old Richard F.

12  Taylor, Jr., was driving his motorcycle in a lawful manner

13  heading south on U.S. 301 in Hillsborough County, and

14         WHEREAS, at the same time, a Hillsborough County school

15  bus operated by a driver employed by the Hillsborough County

16  School Board pulled out from a stop sign and attempted to

17  cross the southbound lanes of U.S. 301 directly in the path of

18  Richard Taylor's motorcycle, and

19         WHEREAS, although Mr. Taylor attempted to stop his

20  motorcycle from colliding with the bus, he was unable to do

21  so, and

22         WHEREAS, as a result of the collision of the school bus

23  with his motorcycle, Mr. Taylor suffered trauma to the head

24  and was pronounced dead at the scene, and

25         WHEREAS, an eyewitness to the accident observed the

26  school bus pull out in front of the motorcycle in violation of

27  the motorcycle's right-of-way, observed the motorcycle attempt

28  to stop, and observed the collision, and

29         WHEREAS, Richard F. Taylor, Jr., was survived by his

30  mother, Alana Kelly, and his father, Richard F. Taylor, Sr.,

31  who have lost their only son and their only child, and

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    Florida House of Representatives - 2001                 HB 191

    727-126-01






  1         WHEREAS, a lawsuit was filed against the Hillsborough

  2  County School Board for the wrongful death of Richard F.

  3  Taylor, Jr., and

  4         WHEREAS, at the conclusion of the trial, the jury found

  5  the Hillsborough County School Board 75 percent at fault for

  6  the death of Richard F. Taylor, Jr. and entered a verdict for

  7  $402,444, and

  8         WHEREAS, after proper reductions for comparative fault,

  9  the judge entered a final judgment in favor of the claimants

10  for a total of $301,833, and

11         WHEREAS, the Hillsborough County School Board did not

12  appeal the verdict and judgment, and

13         WHEREAS, the Hillsborough County School Board has paid

14  $200,000 to the claimants pursuant to the limits of liability

15  set forth in section 768.28, Florida Statutes, leaving an

16  unpaid judgment amount of $101,833, NOW, THEREFORE,

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  The facts stated in the preamble to this

21  act are found and declared to be true.

22         Section 2.  The Hillsborough County School Board is

23  authorized and directed to appropriate from funds of the

24  school board not otherwise appropriated and to draw a warrant

25  in the sum of $50,000 payable to Alana Kelly, as compensation

26  for the death of her son, Richard F. Taylor, Jr., due to the

27  negligence of the Hillsborough County School Board.

28         Section 3.  The Hillsborough County School Board is

29  authorized and directed to appropriate from funds of the

30  school board not otherwise appropriated and to draw a warrant

31  in the sum of $51,833 payable to Richard F. Taylor, Sr., as

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    Florida House of Representatives - 2001                 HB 191

    727-126-01






  1  compensation for the death of his son, Richard F. Taylor, Jr.,

  2  due to the negligence of the Hillsborough County School Board.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

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