Senate Bill sb0060c1
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Florida Senate - 2002 CS for SB 60
By the Committee on Finance and Taxation; and Senator Jones
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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
30 WHEREAS, Joshua was subsequently stabilized and
31 transferred to the special care/vent care unit of North Shore
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Florida Senate - 2002 CS for SB 60
314-1814-02
1 Hospital and then to Broward Children's Center, where he
2 remains in a vegetative state, and
3 WHEREAS, Joshua will require full-time,
4 around-the-clock nursing care for the remainder of his life,
5 and
6 WHEREAS, in March 2000, a suit was filed on Joshua's
7 behalf against the District School Board of Monroe County, and
8 WHEREAS, the plaintiffs and the school board have
9 entered into a stipulation of settlement by which both parties
10 agree that Joshua will seek a claim bill under which the
11 school board will pay $2.5 million above the amount already
12 paid to settle claims relating to this matter, and
13 WHEREAS, the agreement further specifies the payment
14 schedule that is to be followed, NOW, THEREFORE,
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16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. The facts stated in the preamble to this
19 act are found and declared to be true.
20 Section 2. (1) The District School Board of Monroe
21 County is authorized and directed to appropriate from funds
22 not otherwise appropriated, and to draw a warrant payable to
23 the guardian of Joshua England, a minor, for the total amount
24 of $2.5 million for injuries and damages sustained due to the
25 negligence of employees of the school district. This amount
26 shall be paid as follows:
27 (a) On the first July 1 after the effective date of
28 this act, the balance remaining from the sum of $800,000,
29 after payment of statutory attorney's fees and costs and any
30 outstanding medical liens, shall be placed in a Special Needs
31 Trust created for the exclusive use and benefit of Joshua
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 60
314-1814-02
1 England, a minor, to compensate him for injures and damages
2 sustained; and
3 (b) On July 1, one year after the initial payment of
4 $800,000 is made, $700,000 is to be placed into the Special
5 Needs Trust for the exclusive use and benefit of Joshua
6 England; and
7 (c) On each consecutive July 1 commencing after the
8 $700,000 payment is made, and for 5 years thereafter, $200,000
9 shall be placed into the Special Needs Trust for the exclusive
10 use and benefit of Joshua England, until an additional
11 cumulative sum of $1,000,000 is paid.
12 (2) If Joshua England dies prior to payment of any
13 sums required in paragraph (1)(c), any unpaid sums due at the
14 time of his death are forfeited on a pro-rated basis for the
15 year of death, and thereafter, the District School Board of
16 Monroe County is not obligated to make any additional
17 payments.
18 (3) Any funds remaining in the Special Needs Trust at
19 the time of Joshua England's death, after the payment of any
20 outstanding Medicaid liens, shall revert to the District
21 School Board of Monroe County.
22 (4) At least one trustee of the Special Needs Trust
23 established for the benefit of Joshua England must possess
24 financial and trust management experience, and may not be a
25 relative of Joshua England. The term "relative" as used in
26 this subsection means a parent, grandparent, sibling, cousin,
27 aunt, uncle, niece or nephew, whether related by whole or half
28 blood, by affinity, or by adoption.
29 Section 3. This act shall take effect upon becoming a
30 law.
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Florida Senate - 2002 CS for SB 60
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 60
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4 The Committee Substitute provides that the settlement be paid
into a special needs trust according to a specific schedule
5 over seven years.
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