House Bill hb0203

    Florida House of Representatives - 2002                 HB 203

        By Representative Sorensen






  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         Monroe County district school board employees;

  9         providing for the use of such funds; providing

10         for forfeiture and reversion of funds;

11         providing for trustee qualifications; providing

12         an effective date.

13

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

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

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

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

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

19  District School Board of Monroe County, and

20         WHEREAS, the students, including Joshua England, were

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

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

23  and

24         WHEREAS, the teachers failed to monitor Joshua

25  England's activities and his location, inexcusably allowing

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

27         WHEREAS, when the teachers found Joshua England at the

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

29         WHEREAS, Joshua England was subsequently airlifted to

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

31  3 months, and

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    Florida House of Representatives - 2002                 HB 203

    729-130A-02






  1         WHEREAS, Joshua England 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 England 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

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

  9  County, and

10         WHEREAS, the plaintiffs and the school board have

11  entered into a stipulation of settlement by which both parties

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

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

14  paid to settle claims relating to this matter, and

15         WHEREAS, the agreement further specifies the payment

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

17

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

19

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

21  act are found and declared to be true.

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

23  County is authorized and directed to appropriate from funds

24  not otherwise appropriated and to draw a warrant payable to

25  the guardian of Joshua England, a minor, for the total amount

26  of $2,500,000 for injuries and damages sustained due to the

27  negligence of employees of the District School Board of Monroe

28  County. This amount shall be paid as follows:

29         (a)  The balance remaining from the sum of $1,500,000,

30  after payment of statutory attorney's fees and costs and any

31  outstanding medical liens, shall be placed in a Special Needs

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    Florida House of Representatives - 2002                 HB 203

    729-130A-02






  1  Trust created for the exclusive use and benefit of Joshua

  2  England, a minor, to compensate him for injuries and damages

  3  sustained; and

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

  5  Needs Trust for the exclusive use and benefit of Joshua

  6  England on July 1, 2003, and on each July 1 occurring for 4

  7  years thereafter, until an additional cumulative sum of

  8  $1,000,000 is paid to the Special Needs Trust.

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

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

11  time of Joshua England's death are forfeited on a prorated

12  basis for the year of death, and thereafter the District

13  School Board of Monroe County is not obligated to make any

14  additional payments.

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

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

17  outstanding Medicaid liens, shall revert to the District

18  School Board of Monroe County.

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

20  established for the exclusive use and benefit of Joshua

21  England must possess financial and trust management

22  experience, and may not be a relative of Joshua England. The

23  term "relative" as used in this subsection means a parent,

24  grandparent, sibling, cousin, aunt, uncle, niece or nephew,

25  whether related by whole or half blood, by affinity, or by

26  adoption.

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

28  law.

29

30

31

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