House Bill hb0801

    Florida House of Representatives - 2001                 HB 801

        By Representative Diaz de la Portilla






  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, by and through his natural

  5         and custodial parent and next best friend,

  6         Zerhade Jackson; authorizing and directing the

  7         District School Board of Monroe County to

  8         compensate Joshua England for personal injuries

  9         that he suffered due to the negligence of

10         Monroe County district school board employees;

11         specifying use of funds; providing for

12         reversion of funds; providing an effective

13         date.

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

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

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

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

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

20  District School Board of Monroe County, and

21         WHEREAS, the students, including Joshua England, were

22  at the pool to swim; however, Joshua England did not know how

23  to swim, a fact that was known by Joshua England's teachers,

24  and

25         WHEREAS, the teachers failed to monitor Joshua

26  England's activities and his location, inexcusably allowing

27  him to sink unnoticed to the bottom of the pool, and

28         WHEREAS, when the teachers found Joshua England at the

29  bottom of the pool, he was not breathing, and

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    Florida House of Representatives - 2001                 HB 801

    737-114-01






  1         WHEREAS, Joshua England was subsequently airlifted to

  2  Miami Children's Hospital, where he remained for approximately

  3  3 months, and

  4         WHEREAS, Joshua England was subsequently stabilized and

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

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

  7         WHEREAS, Joshua England will require full-time,

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

  9  and

10         WHEREAS, in May 2000, a suit was filed on Joshua

11  England's behalf against the District School Board of Monroe

12  County, and

13         WHEREAS, the plaintiffs and the school board have

14  entered into a stipulation of settlement by which both parties

15  agree that Joshua England will seek a claim bill under which

16  the school board will pay $2,500,000 above the amount already

17  paid to settle claims relating to this matter, and

18         WHEREAS, the agreement further specifies the payment

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

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

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

24  act are found and declared to be true.

25         Section 2.  The District School Board of Monroe County

26  is authorized and directed to draw a warrant in the sum of

27  $1,500,000 payable to Zerhade Jackson, custodial parent and

28  next best friend of Joshua England, to be placed in the

29  Special Needs Trust created for the benefit of Joshua England,

30  a minor, as compensation for injuries and damages sustained.

31  Commencing July 1, 2002, and continuing each July 1 thereafter

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    Florida House of Representatives - 2001                 HB 801

    737-114-01






  1  through July 1, 2006, the District School Board of Monroe

  2  County is authorized and directed to draw a warrant in the sum

  3  of $200,000 payable to the Special Needs Trust created for the

  4  benefit of Joshua England, a minor. Upon the death of Joshua

  5  England, the balance in the Special Needs Trust created for

  6  the benefit of Joshua England shall revert to the District

  7  School Board of Monroe County pursuant to the terms of the

  8  Trust agreement.

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

10  law.

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