| 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. |