| 1 | The Claims Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act for the relief of Ashraf Kamel and Marguerite |
| 8 | Dimitri by the Palm Beach County School Board; providing |
| 9 | for an appropriation to compensate Ashraf Kamel and |
| 10 | Marguerite Dimitri for the wrongful death of their minor |
| 11 | child, Jean A. Pierre Kamel, as a result of the negligence |
| 12 | of the Palm Beach County School Board; providing an |
| 13 | effective date. |
| 14 |
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| 15 | WHEREAS, Jean A. Pierre Kamel, age 13, was killed on |
| 16 | January 27, 1997, when he was shot by 14-year-old Tronneal |
| 17 | Mangum in front of Conniston Middle School, a Palm Beach County |
| 18 | public school, and |
| 19 | WHEREAS, Jean A. Pierre Kamel's surviving father, Ashraf |
| 20 | Kamel, brought a wrongful-death action against the Palm Beach |
| 21 | County School Board, seeking damages for Marguerite Dimitri, |
| 22 | Jean's mother, and himself for their anguish and mental pain and |
| 23 | suffering due to the tragic death of their minor son, and |
| 24 | WHEREAS, before the shooting occurred, Tronneal Mangum and |
| 25 | Jean Kamel, both of whom were students at Conniston, had a prior |
| 26 | confrontation, namely Mangum's kicking Jean Kamel in his |
| 27 | prosthetic leg, and |
| 28 | WHEREAS, Jean Kamel and Tronneal Mangum met with a guidance |
| 29 | counselor and told the counselor that Mangum had a watch that |
| 30 | belonged to Jean Kamel, and |
| 31 | WHEREAS, Jean Kamel told an agent or employee of the school |
| 32 | board that "Tronneal is out to get me" just days before he was |
| 33 | shot and killed, and |
| 34 | WHEREAS, on the day of the shooting, Tronneal Mangum |
| 35 | traveled to Conniston Middle School on the school bus with a |
| 36 | loaded firearm and entered school property carrying the weapon, |
| 37 | and |
| 38 | WHEREAS, the Palm Beach County School Board was on notice |
| 39 | that students had brought firearms to Conniston Middle School on |
| 40 | previous occasions, and |
| 41 | WHEREAS, on February 8, 2002, a Palm Beach County jury |
| 42 | found that the Palm Beach County School Board was negligent and |
| 43 | 80-percent liable for the death of Jean Kamel, and that Jean |
| 44 | Kamel was 20-percent comparatively negligent for his own death, |
| 45 | and |
| 46 | WHEREAS, the same jury determined that the amount of |
| 47 | damages of Ashraf Kamel and Marguerite Dimitri for their anguish |
| 48 | and mental pain and suffering as a result of the negligence of |
| 49 | the Palm Beach County School Board was $2 million, and |
| 50 | WHEREAS, on February 22, 2002, the circuit court reduced |
| 51 | the jury verdict to final judgment in the sum of $1,602,400, |
| 52 | based on the offset for 20-percent comparative negligence, and |
| 53 | WHEREAS, on May 14, 2002, the circuit court entered a cost |
| 54 | judgment in favor of Ashraf Kamel in the amount of $13,490, and |
| 55 | WHEREAS, the Palm Beach County School Board appealed the |
| 56 | final judgment, and the Fourth District Court of Appeal rejected |
| 57 | the appeal in a per curiam affirmed opinion issued on February |
| 58 | 12, 2003, and |
| 59 | WHEREAS, on February 27, 2003, the Palm Beach County School |
| 60 | Board filed a Motion for Rehearing and Certification of Issues |
| 61 | of Great Public Importance, which was denied by the Fourth |
| 62 | District Court of Appeal on March 20, 2003, and |
| 63 | WHEREAS, on April 17, 2003, the Palm Beach County School |
| 64 | Board tendered to Ashraf Kamel, as personal representative of |
| 65 | the Estate of Jean A. Pierre Kamel, a payment of $200,000, in |
| 66 | accordance with the statutory limits of liability set forth in |
| 67 | s. 768.28, Florida Statutes, and |
| 68 | WHEREAS, Ashraf Kamel and Marguerite Dimitri and the Palm |
| 69 | Beach County School Board agreed to settle the claim for a total |
| 70 | of $560,000, and |
| 71 | WHEREAS, Ashraf Kamel, as personal representative of the |
| 72 | Estate of Jean A. Pierre Kamel, seeks satisfaction of the |
| 73 | $360,000 balance of the settlement agreement, NOW, THEREFORE, |
| 74 |
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| 75 | Be It Enacted by the Legislature of the State of Florida: |
| 76 |
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| 77 | Section 1. The facts stated in the preamble to this act |
| 78 | are found and declared to be true. |
| 79 | Section 2. The Palm Beach County School Board is |
| 80 | authorized and directed to appropriate from funds of the school |
| 81 | board not otherwise encumbered and to draw a warrant payable to |
| 82 | Ashraf Kamel, as personal representative of the Estate of Jean |
| 83 | A. Pierre Kamel, for the total amount of $180,000, to compensate |
| 84 | Ashraf Kamel for injuries and damages sustained due to the death |
| 85 | of Jean A. Pierre Kamel, minor son of Ashraf Kamel and |
| 86 | Marguerite Dimitri, as a result of the negligence of the school |
| 87 | board. |
| 88 | Section 3. The Palm Beach County School Board is |
| 89 | authorized and directed to appropriate from funds of the school |
| 90 | board not otherwise encumbered and to draw a warrant payable to |
| 91 | Marguerite Dimitri for the amount of $180,000, to compensate |
| 92 | Marguerite Dimitri for injuries and damages sustained due to the |
| 93 | death of Jean A. Pierre Kamel, minor son of Ashraf Kamel and |
| 94 | Marguerite Dimitri, as a result of the negligence of the school |
| 95 | board. |
| 96 | Section 4. This act shall take effect upon becoming a law. |