HB 1249, Engrossed 1 2003
1
2	A bill to be entitled
3	An act relating to Indian River County; providing for the
4	relief of Clay Haywood, a minor, and Tatiana Haywood, a
5	minor, by and through their mother and natural guardian,
6	Michelle O'Halloran; providing for an appropriation to
7	compensate them for injuries and damages caused by the
8	negligence of the Indian River County School Board;
9	providing for the use of such funds; providing an
10	effective date.
11
12	WHEREAS, on January 25, 1999, Clay Haywood and Tatiana
13	Haywood were passengers in a school bus owned by the Indian
14	River County School Board and operated by an employee of the
15	school board when the school bus failed to stop for a stop sign
16	at the intersection of 45th Street and 66th Avenue in Vero Beach
17	and collided with a tractor-trailer truck, and
18	WHEREAS, as a result of the collision, 11-year-old Clay
19	Haywood sustained numerous severe traumatic injuries requiring
20	multiple surgeries and was unable to attend school or engage in
21	any normal daily activities for many months, and
22	WHEREAS, as a result of the injuries he suffered in the
23	collision, Clay Haywood has incurred medical expenses totaling
24	$88,867.47 and will incur medical expenses in the future,
25	including $3,300 in dental expenses, and
26	WHEREAS, as a result of the collision, 9-year-old Tatiana
27	Haywood sustained multiple facial lacerations, multiple
28	extremity lacerations, and multiple contusions about the body
29	which will require revision surgery when she has completed the
30	majority of her growth, and
31	WHEREAS, as a result of the injuries she suffered in the
32	collision, Tatiana Haywood has been left with permanent
33	scarring, has incurred medical expenses totaling $3,225.75, and
34	will incur medical expenses in the future, and
35	WHEREAS, the Indian River County School Board admitted
36	liability for the collision and has agreed to a court-ordered
37	mediation settlement of all claims of Clay Haywood and Tatiana
38	Haywood in the amount of $225,000, payable by the school board
39	in three annual installments of $75,000, NOW, THEREFORE,
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1. The facts stated in the preamble to this act
44	are found and declared to be true.
45	Section 2. The Indian River County School Board is
46	authorized and directed to appropriate from funds of the school
47	board not otherwise appropriated and to draw three annual
48	warrants in the amount of $75,000 each, for a total settlement
49	of $225,000, payable after July 1, 2003, to Michelle O'Halloran,
50	as plenary guardian of Clay Haywood, a minor, and Tatiana
51	Haywood, a minor, as compensation for injuries and damages
52	sustained due to the negligence of Indian River County. The
53	three annual installments shall be paid as follows:
54	(1) Twenty-five thousand dollars of the first installment
55	for the benefit of Tatiana Haywood, minor child of Michelle
56	O'Halloran, plenary guardian of Tatiana Haywood, to be placed in
57	a restricted guardianship account for the exclusive use and
58	benefit of Tatiana Haywood; and
59	(2) The remaining $50,000 of the first installment and the
60	entirety of the last two installments for the benefit of Clay
61	Haywood, minor child of Michelle O'Halloran, plenary guardian of
62	Clay Haywood, to be placed in a restricted guardianship account
63	for the exclusive use and benefit of Clay Haywood.
64
65	The amount appropriated pursuant to this section is inclusive of
66	costs and attorney's fees as limited by s. 768.28(8), Florida
67	Statutes.
68	Section 3. This act shall take effect upon becoming a law.