Senate Bill sb0040c1

    Florida Senate - 2002                             CS for SB 40

    By the Committee on Finance and Taxation; and Senator Dyer





    314-1820-02

  1                      A bill to be entitled

  2         An act relating to the Hillsborough County

  3         School Board; providing for the relief of Alana

  4         Kelly and Richard F. Taylor, Sr.; providing for

  5         an appropriation to compensate them for the

  6         death of their son, Richard F. Taylor, Jr.,

  7         caused by the negligence of a Hillsborough

  8         County School Board employee; providing an

  9         effective date.

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11         WHEREAS, on April 24, 1998, 21-year-old Richard F.

12  Taylor, Jr., was driving his motorcycle in a lawful matter

13  heading south on U.S. 301 in Hillsborough County, and

14         WHEREAS, at the same time, a Hillsborough County school

15  bus operated by a driver employed by the Hillsborough County

16  School Board pulled out from a stop sign and attempted to

17  cross the southbound lanes of U.S. 301 directly in the path of

18  Richard Taylor's motorcycle, and

19         WHEREAS, although Mr. Taylor attempted to stop his

20  motorcycle from colliding with the bus, he was unable to do

21  so, and

22         WHEREAS, as a result of the collision of the school bus

23  with his motorcycle, Mr. Taylor suffered trauma to the head

24  and was pronounced dead at the scene, and

25         WHEREAS, an eyewitness to the accident observed the

26  school bus pull out in front of the motorcycle in violation of

27  the motorcycle's right-of-way, observed Mr. Taylor's attempt

28  to stop, and observed the collision, and

29         WHEREAS, Richard Taylor, Jr., was survived by his

30  mother, Alana Kelly, and his father, Richard F. Taylor, Sr.,

31  who have lost their only son and their only child, and

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






    Florida Senate - 2002                             CS for SB 40
    314-1820-02




  1         WHEREAS, a lawsuit was filed against the Hillsborough

  2  County School Board for the wrongful death of Richard F.

  3  Taylor, Jr., and

  4         WHEREAS, at the conclusion of the trial, the jury found

  5  the School Board 75 percent at fault for the death of Richard

  6  Taylor, Jr., and entered a verdict for $402,444, and

  7         WHEREAS, after proper reductions for comparative fault,

  8  the judge entered a final judgment in favor of the claimants

  9  for a total of $301,833, and

10         WHEREAS, the School Board did not appeal the verdict

11  and judgment, and

12         WHEREAS, the School Board has paid $200,000 to the

13  claimants pursuant to the limits of liability set forth in

14  section 768.28, Florida Statutes, leaving an unpaid judgment

15  amount of $101,833, 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.  The Hillsborough County School Board is

22  authorized and directed to appropriate from funds of the

23  school board not otherwise appropriated and to draw a warrant

24  in the sum of $50,000, which amount includes statutory

25  attorney's fees and costs, payable to Alana Kelly as

26  compensation for the death of her son, Richard F. Taylor, Jr.,

27  due to the negligence of an employee of the Hillsborough

28  County School Board.

29         Section 3.  The Hillsborough County School Board is

30  authorized and directed to appropriate from funds of the

31  school board not otherwise appropriated and to draw a warrant

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






    Florida Senate - 2002                             CS for SB 40
    314-1820-02




  1  in the sum of $51,833, which amount includes statutory

  2  attorney's fees and costs, payable to Richard F. Taylor, Sr.,

  3  as compensation for the death of his son, Richard F. Taylor,

  4  Jr., due to the negligence of the Hillsborough County School

  5  Board.

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

  7  law.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                              SB 40

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12  The Committee Substitute clarified that the sum of $51,833,
    includes the statutory attorney's fees and costs.
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CODING: Words stricken are deletions; words underlined are additions.