| 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 |
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| 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 |
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| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
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| 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. |