| 1 | A bill to be entitled | 
| 2 | An act for the relief of Monika Davis by the Palm Beach | 
| 3 | County School District; providing for the relief of Monika | 
| 4 | Davis by and through Mary Hall, her mother and legal | 
| 5 | guardian, for injuries and damages caused by the | 
| 6 | negligence of the Palm Beach County School District; | 
| 7 | providing for the use of funds; providing for attorney's | 
| 8 | fees and costs; providing an effective date. | 
| 9 | 
 | 
| 10 | WHEREAS, on September 22, 2000, Monika Davis, a mentally | 
| 11 | challenged, vulnerable adult female, was under the custody, | 
| 12 | care, and control of the Palm Beach County School District, and | 
| 13 | WHEREAS, the Palm Beach County School District was | 
| 14 | obligated to provide continuous monitoring and supervision of | 
| 15 | Monika Davis throughout the entire school period, and the school | 
| 16 | district did, in fact, receive additional staff funding to carry | 
| 17 | out that obligation, and | 
| 18 | WHEREAS, the school district was expressly aware that a | 
| 19 | male student who functioned at a higher mental level than Miss | 
| 20 | Davis had sexually assaulted and battered numerous other female | 
| 21 | students before he sexually battered Monika Davis, and the | 
| 22 | school district also was obligated to provide continuous | 
| 23 | monitoring and supervision of that male student throughout the | 
| 24 | entire school period and received additional funding for that | 
| 25 | purpose, and | 
| 26 | WHEREAS, the Palm Beach County School District left both | 
| 27 | Monika Davis and the male student in an unsupervised classroom | 
| 28 | for an extended period of time, which resulted in the sexual | 
| 29 | battery of Monika Davis by the male student, and | 
| 30 | WHEREAS, after 6 days of trial, a Palm Beach County jury | 
| 31 | returned a verdict finding that the school district's negligence | 
| 32 | was the legal cause of traumatic psychological injuries and | 
| 33 | damages suffered by Monika Davis, and | 
| 34 | WHEREAS, a final judgment in the amount of $273,416.16 was | 
| 35 | entered by Judge Diana Lewis of the Fifteenth Judicial Circuit, | 
| 36 | and | 
| 37 | WHEREAS, the Palm Beach County School District has | 
| 38 | satisfied $100,000 of the amount of that judgment, leaving an | 
| 39 | unpaid balance in the amount of $173,416.16, NOW, THEREFORE, | 
| 40 | 
 | 
| 41 | Be It Enacted by the Legislature of the State of Florida: | 
| 42 | 
 | 
| 43 | Section 1.  The facts stated in the preamble to this act | 
| 44 | are found and declared to be true. | 
| 45 | Section 2.  The Palm Beach County School District is | 
| 46 | directed to compensate Monika Davis, by and through Mary Hall, | 
| 47 | her mother and legal guardian, in the amount of $173,416.16 for | 
| 48 | injuries and damages caused by the negligence of the Palm Beach | 
| 49 | County School District, such payment to be made in one lump sum | 
| 50 | out of funds of the school district's reserve account budgeted | 
| 51 | for such contingencies. After payment of statutory attorney's | 
| 52 | fees and costs, the balance shall be paid into the restricted | 
| 53 | guardianship account or the special needs trust account | 
| 54 | established for Monika Davis. | 
| 55 | Section 3.  This act shall take effect upon becoming a law. |