HB 0379 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 Amanda Johnson, a minor, by
14	and through Virginia Johnson and Charles Johnson, her
15	parents and natural guardians; providing for an
16	appropriation to compensate her for injuries sustained due
17	to the 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 Amanda Johnson was
22	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 Amanda Johnson 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, Amanda Johnson sustained a comminuted fracture of
34	the left femoral shaft with significant displacement and
35	underwent closed reduction and external fixation of the left
36	femoral shaft to correct the injury, and
37	WHEREAS, Amanda Johnson was hospitalized for 11 days, was
38	transferred to a rehabilitation center where she remained as an
39	inpatient for an additional 7 days, and was discharged and
40	received home health services for 240 days, and
41	WHEREAS, on May 25, 1999, Amanda Johnson was again
42	hospitalized and, after a pre-operative diagnosis of
43	hypertrophic nonunion of the left femoral shaft, she
44	subsequently underwent a second surgery, receiving open-
45	compression plating of the left femoral hypertrophic nonunion,
46	with bone biopsy and culture, and
47	WHEREAS, Amanda Johnson, as a result of the injury, has a
48	left femoral overgrowth, resulting in a limb-length discrepancy
49	that had increased to 2.2 centimeters by February 5, 2002, and
50	WHEREAS, Amanda Johnson currently must use a 1/2-inch shoe
51	lift and may require future epiphysiodesis of the elongated left
52	femur, and
53	WHEREAS, Amanda Johnson is receiving continuing medical
54	care following the injury, and
55	WHEREAS, Amanda Johnson has incurred medical expenses
56	totaling $85,762.53, will require future orthopedic visits, and
57	may require future surgery, hospitalization, and physical
58	therapy, and
59	WHEREAS, as a result of a suit filed following the
60	collision, the Indian River County School Board admitted
61	liability for the collision, and, following mediation on
62	February 27, 2002, the parties agreed to a final settlement of
63	all claims in exchange for the payment of $287,500 to be paid in
64	four annual installments, and
65	WHEREAS, as part of the settlement, the Indian River County
66	School Board agreed that, following the submission and approval
67	of the settlement at a noticed school board meeting, the board
68	will not oppose Amanda Johnson in the submission of a claim bill
69	to the Legislature, NOW, THEREFORE,
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71	Be It Enacted by the Legislature of the State of Florida:
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73	Section 1. The facts stated in the preamble to this act
74	are found and declared to be true.
75	Section 2. The Indian River County School Board is
76	authorized and directed to appropriate from funds of the school
77	board not otherwise appropriated and to draw four annual
78	warrants in the amount of $71,875 each, for a total settlement
79	of $287,500, payable after July 1, 2003, to Virginia Johnson and
80	Charles Johnson, as parents and natural guardians of Amanda
81	Johnson, as compensation for injuries and damages sustained by
82	Amanda Johnson, minor child of Virginia Johnson and Charles
83	Johnson, due to the negligence of the Indian River County School
84	Board. Such funds are to be deposited into a restricted
85	guardianship account established for the exclusive use and
86	benefit of Amanda Johnson, and are inclusive of costs and
87	attorney's fees as limited by s. 768.28(8), Florida Statutes.
88	Section 3. This act shall take effect upon becoming a law.