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



                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 225

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Gannon offered the following:

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13         Substitute Amendment for Amendment (944817) (with title

14  amendment) 

15  Remove everything after the enacting clause

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17  and insert:

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

19  act are found and declared to be true.

20         Section 2.  The School Board of Indian River County is

21  authorized and directed to compensate Sharon Dixon and Victor

22  Dixon, Sr., for the wrongful death of their minor child,

23  Victor Dixon, Jr., in the amount of $1,224,393.90, which

24  amount includes statutory attorney's fees and costs and which

25  shall be paid in three installments with no interest due, with

26  $489,757.56 to be paid in 2002, $367,318.17 to be paid in

27  2003, and $367,318.17 to be paid in 2004, out of funds of the

28  School Board of Indian River County not otherwise

29  appropriated. Sharon Dixon shall receive 60 percent,

30  $734,636.34, and Victor Dixon, Sr., shall receive 40 percent,

31  $489,757.56, of the claim bill amount of $1,224,393.90. Each

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    File original & 9 copies    03/13/02
    hbd0007                     11:38 am         00225-0088-485239




                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 225

    Amendment No. 1 (for drafter's use only)





  1  year of the 3-year installment shall be paid on the basis of

  2  Sharon Dixon receiving 60 percent and Victor Dixon, Sr.,

  3  receiving 40 percent.

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

  5  law.

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  8  ================ T I T L E   A M E N D M E N T ===============

  9  And the title is amended as follows:

10  remove:  the entire title

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12  and insert:

13                  A bill to be entitled

14         An act relating to Indian River County;

15         providing for the relief of Sharon Dixon and

16         Victor Dixon, Sr.; authorizing and directing

17         the School Board of Indian River County to

18         compensate them for the wrongful death of their

19         minor child, Victor Dixon, Jr., due to the

20         negligence of an employee of the school board;

21         providing an effective date.

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23         WHEREAS, on January 25, 1999, Victor Dixon, Jr., a

24  minor, was a passenger on a school bus owned by the School

25  Board of Indian River County, and

26         WHEREAS, the school bus was being operated by an

27  individual who was acting in the course and scope of her

28  employment as a bus driver for the School Board of Indian

29  River County, and

30         WHEREAS, at the intersection of 66th Avenue and 45th

31  Street in Vero Beach, Indian River County, Florida, the

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    File original & 9 copies    03/13/02
    hbd0007                     11:38 am         00225-0088-485239




                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 225

    Amendment No. 1 (for drafter's use only)





  1  school-bus driver ran a stop sign and collided with a

  2  tractor-trailer truck, causing the bus to overturn, and

  3         WHEREAS, as a result of the collision, Victor Dixon,

  4  Jr., sustained injuries that resulted in his death, and

  5         WHEREAS, a court found the School Board of Indian River

  6  County vicariously liable for the negligence on the part of

  7  its employee, and

  8         WHEREAS, during the trial relating to this matter, the

  9  defendant, the School Board of Indian River County, admitted

10  that the negligence of its employee in running the stop sign

11  was the sole cause of the accident that caused the death of

12  Victor Dixon, Jr., and

13         WHEREAS, on July 20, 2000, a jury verdict was returned,

14  and, on September 14, 2000, a final judgment was entered, in

15  the amount of $1,500,000 on behalf of Sharon Dixon and

16  $1,000,000 on behalf of Victor Dixon, Sr., for the wrongful

17  death of their 8-year-old son and only child, Victor Dixon,

18  Jr., and

19         WHEREAS, on November 22, 2000, a writ of execution in

20  the amount of $275,606.10 was levied against the Indian River

21  County School Board, and that amount has been paid by the

22  school board, and

23         WHEREAS, that payment represented the amount owed under

24  section 768.28, Florida Statutes, relating to waiver of

25  sovereign immunity, and

26         WHEREAS, on April 19, 2001, a settlement agreement was

27  reached between the Indian River County School Board and

28  Sharon Dixon and Victor Dixon, Sr., at an open and public

29  school board meeting in the amount of $1,500,000, less

30  $275,606.10 which has already been paid, and

31         WHEREAS, at this time, claimants are seeking a claim

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    File original & 9 copies    03/13/02
    hbd0007                     11:38 am         00225-0088-485239




                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 225

    Amendment No. 1 (for drafter's use only)





  1  bill in the amount of $1,224,393.90 to be paid over a 3-year

  2  period with no interest due, with 40 percent of the claim to

  3  be paid in 2002, 30 percent to be paid in 2003, and 30 percent

  4  to be paid in 2004, which represents the balance owed on the

  5  amount awarded in the final judgment, NOW, THEREFORE,

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    File original & 9 copies    03/13/02
    hbd0007                     11:38 am         00225-0088-485239