HB 0377, Engrossed 1 2003
   
1 A bill to be entitled
2          An act relating to the Indian River County School Board;
3    providing for the relief of Taylor Rosemond, a minor, by
4    and through her parents and natural guardians, Alvin and
5    Shirley Rosemond; providing for an appropriation to
6    compensate her for injuries sustained due to the
7    negligence of the Indian River County School Board;
8    providing for the use of such funds; providing an
9    effective date.
10         
11          WHEREAS, on January 25, 1999, 7-year-old Taylor Rosemond
12    was a passenger on a school bus owned by the Indian River County
13    School Board and operated by its employee, Deborah Colletti, and
14          WHEREAS, Deborah Colletti failed to stop at a stop sign
15    located at the intersection of 45th Street and 66th Avenue in
16    Indian River County, which failure caused the bus to collide
17    with a tractor-trailer traveling on 66th Avenue, resulting in
18    injuries to Taylor Rosemond and 15 other children and the deaths
19    of two other persons, and
20          WHEREAS, Deborah Colletti was cited with failure to obey a
21    traffic-control device and failure to yield the right-of-way,
22    and
23          WHEREAS, Taylor Rosemond was taken by ambulance to a local
24    hospital and thence airlifted to Arnold Palmer Children's
25    Hospital in Orlando, and
26          WHEREAS, Taylor Rosemond was diagnosed with a lacerated
27    kidney, bruised liver, and right renal laceration, and
28          WHEREAS, Taylor Rosemond's injuries resulting from the
29    negligence of the school bus operator have caused her bodily
30    injury and permanent pain and suffering, disability,
31    disfigurement, mental anguish, loss of capacity for the
32    enjoyment of life, hospitalization expenses, nursing care
33    expenses, medical expenses, loss of earnings and capacity to
34    earn, and aggravation of previously existing conditions, and
35          WHEREAS, Taylor Rosemond's injuries have caused her parents
36    lost income, permanent loss of support and services, and
37    expenses for medical care, psychiatric care, hospitalization
38    care, and nursing care for their daughter, and
39          WHEREAS, suit was filed in Indian River County following
40    the collision, and prior to trial the case was settled in the
41    amount of $60,000, and
42          WHEREAS, the Indian River County School Board has agreed
43    not to oppose this claim bill, NOW, THEREFORE,
44         
45          Be It Enacted by the Legislature of the State of Florida:
46         
47          Section 1. The facts stated in the preamble to this act
48    are found and declared to be true.
49          Section 2. The Indian River County School Board is
50    authorized and directed to appropriate from funds of the school
51    board not otherwise appropriated and to draw a warrant in the
52    sum of $60,000, payable after July 1, 2003, to Alvin and Shirley
53    Rosemond, parents and natural guardians of Taylor Rosemond, a
54    minor, as compensation for injuries and damages sustained by
55    Taylor Rosemond due to the negligence of Indian River County.
56    Such funds are to be deposited into a guardianship account for
57    the exclusive use and benefit of Taylor Rosemond. The amount
58    payable pursuant to this section is inclusive of costs and
59    attorney's fees as limited by s. 768.28(8), Florida Statutes.
60          Section 3. This act shall take effect upon becoming a law.