HB 1691, Engrossed 1 2003
1
2	A bill to be entitled
3	An act relating to the Sarasota County School Board;
4	providing for the relief of Denise Yahraus individually
5	and as the personal representative of the estate of
6	Michael Yahraus, deceased, and his three minor children,
7	Nadia Yahraus, Michael Yahraus, and Jonathan Yahraus;
8	authorizing and directing the school board of Sarasota
9	County, Florida, to compensate the estate for the death of
10	Michael Yahraus, due to the negligence of the Sarasota
11	County School Board; specifying the time and manner of
12	payment; providing an effective date.
13
14	WHEREAS, on September 11, 2000, Michael Yahraus was fatally
15	injured in performance of his official duties while attending
16	the Criminal Justice Academy at the Sarasota County Technical
17	Institute, and
18	WHEREAS, the Sarasota County Technical Institute is
19	operated by the Sarasota County School Board, and the Criminal
20	Justice Academy, which Michael Yahraus was attending when he was
21	fatally injured, is a program operated by the Sarasota County
22	School Board, and
23	WHEREAS, during the course of the training class,
24	instructors of the Sarasota County School Board Criminal Justice
25	Academy negligently used a training handgun by using a blank
26	rather than a primer charge, which caused the handgun to
27	improperly fire a projectile from the plugged gun, wounding and
28	ultimately resulting in the death of Michael Yahraus, and
29	WHEREAS, the actions taken by the instructors were
30	negligent and caused the death of Michael Yahraus, and
31	WHEREAS, Denise Yahraus, individually and on behalf of the
32	decedent's minor children and as personal representative of her
33	husband's estate filed suit in Sarasota County against the
34	Sarasota County School Board, and
35	WHEREAS, the parties agreed to a settlement in the amount
36	of $1,250,000 to be paid to the estate and its beneficiaries,
37	and
38	WHEREAS, the Circuit Court in Sarasota County entered a
39	Final Judgment on January 14, 2002, in the amount of $1,250,000,
40	specifically incorporating the settlement agreement therein,
41	providing that the estate recover that amount from the Sarasota
42	County School Board, and
43	WHEREAS, Denise Yahraus has received $200,000 in partial
44	satisfaction of the agreed-upon settlement amount, and
45	WHEREAS, the Sarasota County School Board agreed not to
46	oppose the estate's efforts to secure a claim bill for payment
47	of the remaining portion of the stipulated final judgment, and
48	WHEREAS, the remaining unpaid amount of the judgment is
49	$1,050,000, NOW, THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1. The facts stated in the preamble to this act
54	are found and declared to be true.
55	Section 2. The Sarasota County School Board is authorized
56	and directed to compensate Michael Yahraus’s widow, Denise
57	Yahraus, as personal representative of the Estate of Michael
58	Yahraus, and his three children, Nadia Yahraus, Michael Yahraus,
59	and Jonathan Yahraus, for the death of Michael Yahraus caused by
60	school board employee negligence, in the amount of $1,050,000,
61	such payment to be made out of funds of the District School
62	Board not otherwise appropriated, and to be made thirty days
63	following the first July 1 after the effective date of this act.
64	After payment of statutory attorney’s fees and costs, and any
65	outstanding worker’s compensation lien, 50 percent of the
66	balance shall be paid to Denise Yahraus, and the remaining 50
67	percent shall be divided into three equal shares, with one share
68	being paid into each of the three children’s restricted
69	guardianship accounts.
70	Section 3. This act shall take effect upon becoming a law.