Senate Bill sb0030e1

    SB 30                                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Monroe County School

  3         District; providing for the relief of Joshua

  4         England, a minor, authorizing and directing the

  5         District School Board of Monroe County to

  6         compensate Joshua England for personal injuries

  7         that he suffered due to the negligence of

  8         school board employees; providing for the use

  9         of such funds; providing for forfeiture and

10         reversion of the funds; providing for trustee

11         qualifications; providing an effective date.

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13         WHEREAS, on September 3, 1999, Joshua England was at

14  the Key West High School swimming pool, along with 10 other

15  students who were enrolled in the school's special education

16  class, and was under the direct and sole supervision of five

17  teachers from Key West High School, who were employees of the

18  District School Board of Monroe County, and

19         WHEREAS, the students, including Joshua, were at the

20  pool to swim; however, Joshua did not know how to swim, a fact

21  that was known by Joshua's teachers, and

22         WHEREAS, the teachers failed to monitor Joshua's

23  activities and his location, inexcusably allowing him to sink

24  unnoticed to the bottom of the pool, and

25         WHEREAS, when the teachers found Joshua at the bottom

26  of the pool, he was not breathing, and

27         WHEREAS, he was subsequently airlifted to Miami

28  Children's Hospital, where he remained for approximately 3

29  months, and

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    SB 30                                          First Engrossed



  1         WHEREAS, Joshua was subsequently stabilized and

  2  transferred to the special care/vent care unit of North Shore

  3  Hospital, where he remains in a vegetative state, and

  4         WHEREAS, Joshua will require full-time,

  5  around-the-clock nursing care for the remainder of his life,

  6  and

  7         WHEREAS, in March 2000, a suit was filed on Joshua's

  8  behalf against the District School Board of Monroe County, and

  9         WHEREAS, the plaintiffs and the school board have

10  entered into a stipulation of settlement by which both parties

11  agree that Joshua will seek a claim bill under which the

12  school board will pay $2.5 million above the amount already

13  paid to settle claims relating to this matter, and

14         WHEREAS, the agreement further specifies the payment

15  schedule that is to be followed, NOW, THEREFORE,

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

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

20  act are found and declared to be true.

21         Section 2.  (1)  The District School Board of Monroe

22  County is authorized and directed to compensate Joshua

23  England, a minor, for injuries and damages he sustained as the

24  result of the negligence of employees of the school district,

25  in the amount of $2.5 million. This amount shall be paid as

26  follows:

27         (a)  The sum of $1.5 million, less sums due for

28  attorney's fees and costs, and any outstanding medical liens,

29  shall be placed in a Special Needs Trust for the benefit of

30  Joshua England on July 1, 2001; and

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    SB 30                                          First Engrossed



  1         (b)  The sum of $200,000 shall be placed in the Special

  2  Needs Trust for the benefit of Joshua England on July 1, 2002,

  3  and on each July 1 occurring for 4 years thereafter, until an

  4  additional cumulative sum of $1 million is paid to the Special

  5  Needs Trust.

  6         (2)  If Joshua England dies prior to payment of any

  7  sums required in paragraph (1)(b), any unpaid sums due at the

  8  time of his death are forfeited on a pro-rated basis for the

  9  year of death, and thereafter, the District School Board of

10  Monroe County is not obligated to make any additional

11  payments.

12         (3)  Any funds remaining in the Special Needs Trust at

13  the time of Joshua England's death, after the payment of any

14  outstanding Medicaid liens, shall revert to the District

15  School Board of Monroe County.

16         (4)  At least one trustee of the Special Needs Trust

17  established for the benefit of Joshua England must possess

18  financial and trust management experience, and may not be a

19  relative of Joshua England. The term "relative" as used in

20  this subsection means a parent, grandparent, sibling, cousin,

21  aunt, uncle, niece or nephew, whether related by whole or half

22  blood, by affinity, or by adoption.

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

24  law.

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