Senate Bill sb0060

    Florida Senate - 2002        (NP)                        SB 60

    By Senator Jones





    40-76A-02

  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         school board employees; providing for the use

  9         of such funds; providing for forfeiture and

10         reversion of the funds; providing for trustee

11         qualifications; providing an effective date.

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

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

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

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

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

18  District School Board of Monroe County, and

19         WHEREAS, the students, including Joshua, were at the

20  pool to swim; however, Joshua did not know how to swim, a fact

21  that was known by Joshua's teachers, and

22         WHEREAS, the teachers failed to monitor Joshua's

23  activities and his location, inexcusably allowing him to sink

24  unnoticed to the bottom of the pool, and

25         WHEREAS, when the teachers found Joshua at the bottom

26  of the pool, he was not breathing, and

27         WHEREAS, he was subsequently airlifted to Miami

28  Children's Hospital, where he remained for approximately 3

29  months, and

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    Florida Senate - 2002        (NP)                        SB 60
    40-76A-02




  1         WHEREAS, Joshua 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 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's

  8  behalf against the District School Board of Monroe County, and

  9         WHEREAS, the plaintiffs and the school board have

10  entered into a stipulation of settlement by which both parties

11  agree that Joshua will seek a claim bill under which the

12  school board will pay $2.5 million above the amount already

13  paid to settle claims relating to this matter, and

14         WHEREAS, the agreement further specifies the payment

15  schedule that is to be followed, 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.  (1)  The District School Board of Monroe

22  County is authorized and directed to appropriate from funds

23  not otherwise appropriated, and to draw a warrant payable to

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

25  of $2.5 million for injuries and damages sustained due to the

26  negligence of employees of the school district. This amount

27  shall be paid as follows:

28         (a)  The balance remaining from the sum of $1.5

29  million, after payment of statutory attorney's fees and costs

30  and any outstanding medical liens, shall be placed in a

31  Special Needs Trust created for the exclusive use and benefit

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    Florida Senate - 2002        (NP)                        SB 60
    40-76A-02




  1  of Joshua England, a minor, to compensate him for injuries and

  2  damages sustained; and

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

  4  Needs Trust for the exclusive use and benefit of Joshua

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

  6  years thereafter, until an additional cumulative sum of $1

  7  million is paid to the Special Needs Trust.

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

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

10  time of his death are forfeited on a pro-rated basis for the

11  year of death, and thereafter, the District School Board of

12  Monroe County is not obligated to make any additional

13  payments.

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

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

16  outstanding Medicaid liens, shall revert to the District

17  School Board of Monroe County.

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

19  established for the benefit of Joshua England must possess

20  financial and trust management experience, and may not be a

21  relative of Joshua England. The term "relative" as used in

22  this subsection means a parent, grandparent, sibling, cousin,

23  aunt, uncle, niece or nephew, whether related by whole or half

24  blood, by affinity, or by adoption.

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

26  law.

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