CS/HB 155

A bill to be entitled
2An act relating to Palm Beach County; providing for the
3relief of Claudia Kautz, mother of Diana M. Kautz,
4deceased, and Jeffrey Kautz, father of Diana M. Kautz,
5deceased; providing for an appropriation to compensate
6them for injuries and damages sustained as a result of the
7negligence of an employee of the District School Board of
8Palm Beach County; providing for lobbying fees, attorney's
9fees, and costs; providing an effective date.
11     WHEREAS, on November 11, 2004, Maria E. Abrahantes
12negligently operated a school bus at the intersection of Orange
13Boulevard and Hall Boulevard in Royal Palm Beach, Palm Beach
14County, Florida, so that the school bus collided with another
15vehicle and rolled over, causing serious injury to and the
16subsequent death of passenger Diana M. Kautz, and
17     WHEREAS, at the time of the accident, Maria E. Abrahantes
18was operating the school bus as an employee of the District
19School Board of Palm Beach County in a southbound direction on
20Hall Boulevard, and
21     WHEREAS, at its intersection with Orange Boulevard, a stop
22sign was visible on Hall Boulevard and five sets of "rumble
23strips" were in place on the southbound lane leading up to the
24stop sign, and
25     WHEREAS, Maria E. Abrahantes negligently operated the
26school bus by traveling over the rumble strips without braking,
27thus running the stop sign and entering Orange Boulevard,
28violating the right-of-way of east-west traffic and causing the
29truck operated by Jeffrey Schwartz to hit the school bus, which
30rolled over and caused serious injury to and the subsequent
31death of Diana M. Kautz, and
32     WHEREAS, the school district has agreed to pay the
33claimants, Claudia and Jeffrey Kautz, parents of decedent Diana
34M. Kautz, the sum of $200,000, the maximum amount payable under
35the waiver of sovereign immunity provided under s. 768.28,
36Florida Statutes, and
37     WHEREAS, the amount remaining under the claim for damages
38in the amount of $1.1 million is $900,000, a sum that the
39District School Board of Palm Beach County has agreed to pay,
41     WHEREAS, the school district does not oppose the passage of
42this act, NOW, THEREFORE,
44Be It Enacted by the Legislature of the State of Florida:
46     Section 1.  The facts stated in the preamble to this act
47are found and declared to be true.
48     Section 2.  The District School Board of Palm Beach County
49is authorized and directed to appropriate from funds of the
50school board not otherwise appropriated and to draw a warrant in
51the sum of $900,000 payable to Claudia and Jeffrey Kautz,
52parents of Diana M. Kautz, deceased, as compensation for
53injuries and damages sustained as a result of the negligence of
54an employee of the District School Board of Palm Beach County.
55The settlement shall be paid as a single, one-time payment, and,
56after payment of lobbying fees, attorney's fees, and costs as
57limited by this act, the remaining moneys shall be distributed
58as follows:
59     (1)  Fifty percent shall be paid to Claudia Kautz, mother
60of Diana M. Kautz, deceased; and
61     (2)  Fifty percent shall be paid to Jeffrey Kautz, father
62of Diana M. Kautz, deceased.
63     Section 3.  Payment for the combined total of professional
64services and costs incurred by attorneys, lobbyists, and agents
65or representatives of attorneys or lobbyists shall not exceed
67     Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.