House Bill hb0225e1

                                           HB 225, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Indian River County;

  3         providing for the relief of Sharon Dixon and

  4         Victor Dixon, Sr.; authorizing and directing

  5         the School Board of Indian River County to

  6         compensate them for the wrongful death of their

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

  8         negligence of an employee of the school board;

  9         providing an effective date.

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

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

13  Board of Indian River County, and

14         WHEREAS, the school bus was being operated by an

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

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

17  River County, and

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

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

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

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

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

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

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

25  County vicariously liable for the negligence on the part of

26  its employee, and

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

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

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

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

31  Victor Dixon, Jr., and


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






                                           HB 225, First Engrossed



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

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

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

  4  $1,000,000 on behalf of Victor Dixon, Sr., for the wrongful

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

  6  Jr., and

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

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

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

10  school board, and

11         WHEREAS, that payment represented the amount owed under

12  section 768.28, Florida Statutes, relating to waiver of

13  sovereign immunity, and

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

15  reached between the Indian River County School Board and

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

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

18  $275,606.10 which has already been paid, and

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

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

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

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

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

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

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

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

29  act are found and declared to be true.

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

31  authorized and directed to compensate Sharon Dixon and Victor


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                                           HB 225, First Engrossed



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

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

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

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

  5  $489,757.56 to be paid in 2002, $367,318.17 to be paid in

  6  2003, and $367,318.17 to be paid in 2004, out of funds of the

  7  School Board of Indian River County not otherwise

  8  appropriated. Sharon Dixon shall receive 60 percent,

  9  $734,636.34, and Victor Dixon, Sr., shall receive 40 percent,

10  $489,757.56, of the claim bill amount of $1,224,393.90. Each

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

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

13  receiving 40 percent.

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

15  law.

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