Senate Bill sb0042c1
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Florida Senate - 2003 CS for SB 42
By the Committee on Education; and Senator Posey
304-1144-03
1 A bill to be entitled
2 An act relating to the Indian River County
3 School Board; providing for the relief of
4 Taylor Rosemond, a minor, by and through her
5 parents and natural guardians, Alvin and
6 Shirley Rosemond, 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 Taylor
12 Rosemond was a passenger on a school bus owned by the Indian
13 River County School Board and operated by its employee,
14 Deborah 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 Taylor Rosemond 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, Taylor Rosemond was taken by ambulance to a
25 local hospital and thence airlifted to Arnold Palmer
26 Children's Hospital in Orlando, and
27 WHEREAS, Taylor Rosemond was diagnosed with a lacerated
28 kidney, bruised liver, and right renal laceration, and
29 WHEREAS, Taylor Rosemond's injuries resulting from the
30 negligence of the school bus operator have caused her bodily
31 injury and permanent pain and suffering, disability,
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Florida Senate - 2003 CS for SB 42
304-1144-03
1 disfigurement, mental anguish, loss of capacity for the
2 enjoyment of life, hospitalization expenses, nursing care
3 expenses, medical expenses, loss of earnings and capacity to
4 earn, and aggravation of previously existing conditions, and
5 WHEREAS, Taylor Rosemond's injuries have caused her
6 parents lost income, permanent loss of support and services,
7 and expenses for medical care, psychiatric care,
8 hospitalization care, and nursing care for their daughter, and
9 WHEREAS, suit was filed in Indian River County
10 following the collision, and prior to trial the case was
11 settled in the amount of $60,000, and
12 WHEREAS, the Indian River County School Board has
13 agreed not to oppose this claim bill, NOW, THEREFORE,
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. The facts stated in the preamble to this
18 act are found and declared to be true.
19 Section 2. The Indian River County School Board is
20 authorized and directed to appropriate from funds of the
21 county not otherwise appropriated and to draw a warrant in the
22 amount of $60,000, payable after July 1, 2003, to Alvin and
23 Shirley Rosemond, as parents and natural guardians of Taylor
24 Rosemond, a minor, for injuries and damages sustained by
25 Taylor Rosemond due to the negligence of Indian River County.
26 Such funds are to be deposited into a guardianship account for
27 the exclusive use and benefit of Taylor Rosemond. The amount
28 payable pursuant to this section is inclusive of costs and
29 attorney's fees as limited by section 768.28(8), Florida
30 Statutes.
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Florida Senate - 2003 CS for SB 42
304-1144-03
1 Section 3. This act shall take effect upon becoming a
2 law.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 Senate Bill 42
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7 The CS made the following changes to SB 42:
8 The Indian River School Board is directed to appropriate from
funds not otherwise appropriated and to draw a warrant in the
9 amount of $60,000, payable after July 1, 2003, to Alvin and
Shirley Rosemond, as parents and natural guardians of Taylor
10 Rosemond, a minor, for injuries and damages sustained by
Taylor Rosemond due to the negligence of Indian River County.
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The funds are to be deposited into a guardianship account for
12 the exclusive use and benefit of Taylor Rosemond.
13 The amount payable under the claim bill is inclusive of
attorney's fees and costs as limited by section 768.28,
14 Florida Statutes.
15 A reversion of funds to Indian River County is eliminated.
16 The title is amended to reflect that Indian River County does
not oppose the claim bill.
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