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. |