Senate Bill sb0038c1
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Florida Senate - 2003 CS for SB 38
By the Committee on Education; and Senator Pruitt
304-1841-03
1 A bill to be entitled
2 An act relating to the Indian River County
3 School Board; providing for the relief of
4 Amanda Johnson, a minor, by and through her
5 parents and natural guardians, Virginia and
6 Charles Johnson, for injuries sustained due to
7 the negligence of the Indian River County
8 School Board; providing for the use of such
9 funds; providing an effective date.
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11 WHEREAS, on January 25, 1999, 7-year-old Amanda Johnson
12 was a passenger on a school bus owned by the Indian River
13 County School Board and operated by its employee, Deborah
14 Colletti, and
15 WHEREAS, Deborah Colletti failed to stop at a stop sign
16 located at the intersection of 45th Street and 66th Avenue in
17 Indian River County, which failure caused the bus to collide
18 with a tractor-trailer traveling on 66th Avenue, resulting in
19 injuries to Amanda Johnson and 15 other children and the
20 deaths of two other persons, and
21 WHEREAS, Deborah Colletti was cited with failure to
22 obey a traffic-control device and failure to yield the
23 right-of-way, and
24 WHEREAS, Amanda Johnson sustained a comminuted fracture
25 of the left femoral shaft with significant displacement and
26 underwent closed reduction and external fixation of the left
27 femoral shaft to correct the injury, and
28 WHEREAS, Amanda Johnson was hospitalized for 11 days,
29 was transferred to a rehabilitation center, where she remained
30 as an in-patient for an additional 7 days, and was discharged
31 and received home-health services for 240 days, and
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Florida Senate - 2003 CS for SB 38
304-1841-03
1 WHEREAS, on May 25, 1999, Amanda Johnson was again
2 hospitalized and after a pre-operative diagnosis of
3 hypertrophic nonunion of the left femoral shaft, she
4 subsequently underwent a second surgery, receiving
5 open-compression plating of the left femoral hypertrophic
6 nonunion, with bone biopsy and culture,, and
7 WHEREAS, Amanda Johnson, as a result of the injury, has
8 a left femoral overgrowth, resulting in a limb-length
9 discrepancy that had increased to 2.2 centimeters by February
10 5, 2002, and
11 WHEREAS, Amanda Johnson currently must use a 1/2-inch
12 shoe lift and may require future epiphysiodesis of the
13 elongated left femur, and
14 WHEREAS, Amanda Johnson is receiving continuing medical
15 care following the injury, and
16 WHEREAS, Amanda Johnson has incurred medical expenses
17 totaling $85,762.53, will require future orthopedic visits,
18 and may require future surgery, hospitalization, and physical
19 therapy, and
20 WHEREAS, as a result of a suit filed following the
21 collision, the Indian River County School Board admitted
22 liability for the collision, and, following mediation on
23 February 27, 2002, the parties agreed to a final settlement of
24 all claims in exchange for the payment of $287,500 to be paid
25 in four annual installments, and
26 WHEREAS, as part of the settlement, the Indian River
27 County School Board agreed that following the submission and
28 approval of the settlement at a noticed school-board meeting,
29 the board will not oppose Amanda Johnson in the submission of
30 a claim bill to the Legislature, NOW, THEREFORE,
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Florida Senate - 2003 CS for SB 38
304-1841-03
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. The facts stated in the preamble to this
4 act are found and declared to be true.
5 Section 2. The Indian River County School Board is
6 authorized and directed to appropriate from funds of the
7 county not otherwise appropriated and to draw four annual
8 warrants in the amount of $71,875 each, for a total settlement
9 of $287,500, payable after July 1, 2003, to Virginia and
10 Charles Johnson as parents and natural guardians of Amanda
11 Johnson, as compensation for injuries and damages sustained by
12 Amanda Johnson due to the negligence of Indian River County.
13 Such funds are to be deposited in a restricted guardianship
14 account established for the exclusive use and benefit of
15 Amanda Johnson, and are inclusive of costs and attorney's fees
16 as limited by section 768.28(8), Florida Statutes.
17 Section 3. This act shall take effect upon becoming a
18 law.
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Florida Senate - 2003 CS for SB 38
304-1841-03
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 38
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4 The CS made the following changes to SB 38:
5 The Indian River County School Board is directed to
appropriate from funds not otherwise appropriated the claim
6 bill amount, payable after July 1, 2003, to Virginia Johnson
and Charles Johnson, parents and natural guardians of Amanda
7 Johnson, a minor.
8 The funds are to be deposited in a restrictive guardianship
account established for the exclusive use and benefit of
9 Amanda Johnson and are inclusive of attorney's fees and costs
pursuant to s. 768.28, F.S.
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Unspent funds in the account would not revert to the Indian
11 River County School Board.
12 The Indian River County School Board agrees not to oppose the
claim bill.
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The title is amended to reflect the above provisions.
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