HB 0377 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to the Indian River County School Board;
13	providing for the relief of Taylor Rosemond, a minor, by
14	and through her parents and natural guardians, Alvin and
15	Shirley Rosemond; providing for an appropriation to
16	compensate her for injuries sustained due to the
17	negligence of the Indian River County School Board;
18	providing for the use of such funds; providing an
19	effective date.
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21	WHEREAS, on January 25, 1999, 7-year-old Taylor Rosemond
22	was a passenger on a school bus owned by the Indian River County
23	School Board and operated by its employee, Deborah Colletti, and
24	WHEREAS, Deborah Colletti failed to stop at a stop sign
25	located at the intersection of 45th Street and 66th Avenue in
26	Indian River County, which failure caused the bus to collide
27	with a tractor-trailer traveling on 66th Avenue, resulting in
28	injuries to Taylor Rosemond and 15 other children and the deaths
29	of two other persons, and
30	WHEREAS, Deborah Colletti was cited with failure to obey a
31	traffic-control device and failure to yield the right-of-way,
32	and
33	WHEREAS, Taylor Rosemond was taken by ambulance to a local
34	hospital and thence airlifted to Arnold Palmer Children's
35	Hospital in Orlando, and
36	WHEREAS, Taylor Rosemond was diagnosed with a lacerated
37	kidney, bruised liver, and right renal laceration, and
38	WHEREAS, Taylor Rosemond's injuries resulting from the
39	negligence of the school bus operator have caused her bodily
40	injury and permanent pain and suffering, disability,
41	disfigurement, mental anguish, loss of capacity for the
42	enjoyment of life, hospitalization expenses, nursing care
43	expenses, medical expenses, loss of earnings and capacity to
44	earn, and aggravation of previously existing conditions, and
45	WHEREAS, Taylor Rosemond's injuries have caused her parents
46	lost income, permanent loss of support and services, and
47	expenses for medical care, psychiatric care, hospitalization
48	care, and nursing care for their daughter, and
49	WHEREAS, suit was filed in Indian River County following
50	the collision, and prior to trial the case was settled in the
51	amount of $60,000, and
52	WHEREAS, the Indian River County School Board has agreed
53	not to oppose this claim bill, NOW, THEREFORE,
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55	Be It Enacted by the Legislature of the State of Florida:
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57	Section 1. The facts stated in the preamble to this act
58	are found and declared to be true.
59	Section 2. The Indian River County School Board is
60	authorized and directed to appropriate from funds of the school
61	board not otherwise appropriated and to draw a warrant in the
62	sum of $60,000, payable after July 1, 2003, to Alvin and Shirley
63	Rosemond, parents and natural guardians of Taylor Rosemond, a
64	minor, as compensation for injuries and damages sustained by
65	Taylor Rosemond due to the negligence of Indian River County.
66	Such funds are to be deposited into a guardianship account for
67	the exclusive use and benefit of Taylor Rosemond. The amount
68	payable pursuant to this section is inclusive of costs and
69	attorney's fees as limited by s. 768.28(8), Florida Statutes.
70	Section 3. This act shall take effect upon becoming a law.