HB 0349 2004
1	A bill to be entitled
2	An act relating to the Hillsborough County School Board;
3	providing for the relief of Alana Kelly and Richard F.
4	Taylor, Sr.; providing for an appropriation to compensate
5	them for the death of their son, Richard F. Taylor, Jr.,
6	caused by the negligence of a Hillsborough County School
7	Board employee; providing for attorney's fees and costs;
8	providing an effective date.
9
10	WHEREAS, on April 24, 1998, 21-year-old Richard F. Taylor,
11	Jr., was driving his motorcycle in a lawful manner heading south
12	on U.S. 301 in Hillsborough County, and
13	WHEREAS, at the same time, a Hillsborough County school bus
14	operated by a driver employed by the Hillsborough County School
15	Board pulled out from a stop sign and attempted to cross the
16	southbound lanes of U.S. 301 directly in the path of Richard
17	Taylor's motorcycle, and
18	WHEREAS, although Mr. Taylor attempted to stop his
19	motorcycle from colliding with the bus, he was unable to do so,
20	and
21	WHEREAS, as a result of the collision of the school bus
22	with his motorcycle, Mr. Taylor suffered trauma to the head and
23	was pronounced dead at the scene, and
24	WHEREAS, an eyewitness to the accident observed the school
25	bus pull out in front of the motorcycle in violation of the
26	motorcycle's right-of-way, observed Mr. Taylor's attempt to
27	stop, and observed the collision, and
28	WHEREAS, Richard F. Taylor, Jr., was survived by his
29	mother, Alana Kelly, and his father, Richard F. Taylor, Sr., who
30	have lost their only son and their only child, and
31	WHEREAS, a lawsuit was filed against the Hillsborough
32	County School Board for the wrongful death of Richard F. Taylor,
33	Jr., and
34	WHEREAS, at the conclusion of the trial, the jury found the
35	school board 75 percent at fault for the death of Richard F.
36	Taylor, Jr., and entered a verdict for $402,444, and
37	WHEREAS, after proper reductions for comparative fault, the
38	judge entered a final judgment in favor of the claimants for a
39	total of $301,833, and
40	WHEREAS, the school board did not appeal the verdict and
41	judgment, and
42	WHEREAS, the school board has paid $200,000 to the
43	claimants pursuant to the limits of liability set forth in s.
44	768.28, Florida Statutes, leaving an unpaid judgment amount of
45	$101,833, NOW, THEREFORE,
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1. The facts stated in the preamble to this act
50	are found and declared to be true.
51	Section 2. The Hillsborough County School Board is
52	authorized and directed to appropriate from funds of the school
53	board not otherwise appropriated and to draw a warrant in the
54	sum of $50,000, which amount includes statutory attorney's fees
55	and costs, payable to Alana Kelly as compensation for the death
56	of her son, Richard F. Taylor, Jr., due to the negligence of an
57	employee of the Hillsborough County School Board.
58	Section 3. The Hillsborough County School Board is
59	authorized and directed to appropriate from funds of the school
60	board not otherwise appropriated and to draw a warrant in the
61	sum of $51,833, which amount includes statutory attorney's fees
62	and costs, payable to Richard F. Taylor, Sr., as compensation
63	for the death of his son, Richard F. Taylor, Jr., due to the
64	negligence of an employee of the Hillsborough County School
65	Board.
66	Section 4. This act shall take effect upon becoming a law.