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A bill to be entitled |
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An act relating to the Indian River County School Board; |
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providing for the relief of Amanda Johnson, a minor, by |
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and through Virginia Johnson and Charles Johnson, her |
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parents and natural guardians; providing for an |
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appropriation to compensate her for injuries sustained due |
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to the negligence of the Indian River County School Board; |
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providing for the use of such funds; providing an |
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effective date. |
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WHEREAS, on January 25, 1999, 7-year-old Amanda Johnson was |
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a passenger on a school bus owned by the Indian River County |
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School Board and operated by its employee, Deborah Colletti, and |
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WHEREAS, Deborah Colletti failed to stop at a stop sign |
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located at the intersection of 45th Street and 66th Avenue in |
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Indian River County, which failure caused the bus to collide |
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with a tractor-trailer traveling on 66th Avenue, resulting in |
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injuries to Amanda Johnson and 15 other children and the deaths |
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of two other persons, and |
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WHEREAS, Deborah Colletti was cited with failure to obey a |
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traffic-control device and failure to yield the right-of-way, |
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and |
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WHEREAS, Amanda Johnson sustained a comminuted fracture of |
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the left femoral shaft with significant displacement and |
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underwent closed reduction and external fixation of the left |
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femoral shaft to correct the injury, and |
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WHEREAS, Amanda Johnson was hospitalized for 11 days, was |
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transferred to a rehabilitation center where she remained as an |
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inpatient for an additional 7 days, and was discharged and |
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received home health services for 240 days, and |
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WHEREAS, on May 25, 1999, Amanda Johnson was again |
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hospitalized and, after a pre-operative diagnosis of |
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hypertrophic nonunion of the left femoral shaft, she |
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subsequently underwent a second surgery, receiving open- |
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compression plating of the left femoral hypertrophic nonunion, |
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with bone biopsy and culture, and |
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WHEREAS, Amanda Johnson, as a result of the injury, has a |
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left femoral overgrowth, resulting in a limb-length discrepancy |
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that had increased to 2.2 centimeters by February 5, 2002, and |
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WHEREAS, Amanda Johnson currently must use a 1/2-inch shoe |
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lift and may require future epiphysiodesis of the elongated left |
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femur, and |
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WHEREAS, Amanda Johnson is receiving continuing medical |
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care following the injury, and |
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WHEREAS, Amanda Johnson has incurred medical expenses |
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totaling $85,762.53, will require future orthopedic visits, and |
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may require future surgery, hospitalization, and physical |
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therapy, and |
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WHEREAS, as a result of a suit filed following the |
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collision, the Indian River County School Board admitted |
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liability for the collision, and, following mediation on |
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February 27, 2002, the parties agreed to a final settlement of |
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all claims in exchange for the payment of $287,500 to be paid in |
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four annual installments, and |
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WHEREAS, as part of the settlement, the Indian River County |
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School Board agreed that, following the submission and approval |
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of the settlement at a noticed school board meeting, the board |
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will join Amanda Johnson in the submission of a claim bill to |
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the Legislature, NOW, THEREFORE, |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1.The facts stated in the preamble to this act |
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are found and declared to be true. |
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Section 2.The Indian River County School Board is |
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authorized and directed to appropriate from funds of the school |
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board not otherwise appropriated and to draw four annual |
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warrants in the amount of $71,875 each, for a total settlement |
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of $287,500, payable after July 1, 2003, to Virginia Johnson and |
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Charles Johnson, as parents and natural guardians of Amanda |
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Johnson, as compensation for injuries and damages sustained by |
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Amanda Johnson, minor child of Virginia Johnson and Charles |
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Johnson, due to the negligence of the Indian River County School |
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Board. Such funds are to be deposited into a restricted |
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guardianship account established for the exclusive use and |
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benefit of Amanda Johnson, and are inclusive of costs and |
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attorney's fees as limited by s. 768.28(8), Florida Statutes. |
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Section 3. This act shall take effect upon becoming a law. |
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