HB 1693 2003
   
1 A bill to be entitled
2          An act relating to the Hillsborough County School Board;
3    providing for the relief of Alana Kelly and Richard F.
4    Taylor, Sr.; providing for an appropriation to compensate
5    them for the death of their son, Richard F. Taylor, Jr.,
6    caused by the negligence of a Hillsborough County School
7    Board employee; providing an effective date.
8         
9          WHEREAS, on April 24, 1998, 21-year-old Richard F. Taylor,
10    Jr., was driving his motorcycle in a lawful manner heading south
11    on U.S. 301 in Hillsborough County, and
12          WHEREAS, at the same time, a Hillsborough County school bus
13    operated by a driver employed by the Hillsborough County School
14    Board pulled out from a stop sign and attempted to cross the
15    southbound lanes of U.S. 301 directly in the path of Richard
16    Taylor's motorcycle, and
17          WHEREAS, although Mr. Taylor attempted to stop his
18    motorcycle from colliding with the bus, he was unable to do so,
19    and
20          WHEREAS, as a result of the collision of the school bus
21    with his motorcycle, Mr. Taylor suffered trauma to the head and
22    was pronounced dead at the scene, and
23          WHEREAS, an eyewitness to the accident observed the school
24    bus pull out in front of the motorcycle in violation of the
25    motorcycle's right-of-way, observed Mr. Taylor's attempt to
26    stop, and observed the collision, and
27          WHEREAS, Richard F. Taylor, Jr., was survived by his
28    mother, Alana Kelly, and his father, Richard F. Taylor, Sr., who
29    have lost their only son and their only child, and
30          WHEREAS, a lawsuit was filed against the Hillsborough
31    County School Board for the wrongful death of Richard F. Taylor,
32    Jr., and
33          WHEREAS, at the conclusion of the trial, the jury found the
34    school board 75 percent at fault for the death of Richard F.
35    Taylor, Jr., and entered a verdict for $402,444, and
36          WHEREAS, after proper reductions for comparative fault, the
37    judge entered a final judgment in favor of the claimants for a
38    total of $301,833, and
39          WHEREAS, the school board did not appeal the verdict and
40    judgment, and
41          WHEREAS, the school board has paid $200,000 to the
42    claimants pursuant to the limits of liability set forth in
43    section 768.28, Florida Statutes, leaving an unpaid judgment
44    amount of $101,833, NOW, THEREFORE,
45         
46          Be It Enacted by the Legislature of the State of Florida:
47         
48          Section 1. The facts stated in the preamble to this act
49    are found and declared to be true.
50          Section 2. The Hillsborough County School Board is
51    authorized and directed to appropriate from funds of the school
52    board not otherwise appropriated and to draw a warrant in the
53    sum of $50,000, which amount includes statutory attorney's fees
54    and costs, payable to Alana Kelly as compensation for the death
55    of her son, Richard F. Taylor, Jr., due to the negligence of an
56    employee of the Hillsborough County School Board.
57          Section 3. The Hillsborough County School Board is
58    authorized and directed to appropriate from funds of the school
59    board not otherwise appropriated and to draw a warrant in the
60    sum of $51,833, which amount includes statutory attorney's fees
61    and costs, payable to Richard F. Taylor, Sr., as compensation
62    for the death of his son, Richard F. Taylor, Jr., due to the
63    negligence of the Hillsborough County School Board.
64          Section 4. This act shall take effect upon becoming a law.