Bill No. 0048
Amendment No. 483355
Senate House

1Representative(s) Seiler offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
6     Section 1.  The facts stated in the preamble to this act
7are found and declared to be true.
8     Section 2.  The District School Board of Palm Beach County
9is authorized and directed to appropriate from funds of the
10school board not otherwise appropriated and to draw a warrant in
11the sum of $900,000 payable to Claudia and Jeffrey Kautz,
12parents of Diana M. Kautz, deceased, as compensation for
13injuries and damages sustained as a result of the negligence of
14an employee of the District School Board of Palm Beach County.
15The settlement shall be paid as a single, one-time payment, and,
16after payment of lobbying fees, attorney's fees, and costs as
17limited by this act, the remaining moneys shall be distributed
18as follows:
19     (1)  Fifty percent shall be paid to Claudia Kautz, mother
20of Diana M. Kautz, deceased; and
21     (2)  Fifty percent shall be paid to Jeffrey Kautz, father
22of Diana M. Kautz, deceased.
23     Section 3.  Payment for the combined total of professional
24services and costs incurred by attorneys, lobbyists, and agents
25or representatives of attorneys or lobbyists shall not exceed
27     Section 4.  This act shall take effect upon becoming a law.
31======= T I T L E  A M E N D M E N T ==========
32     On page 1, line 1, through page 2, line 16, remove all of
33said lines, and insert:
A bill to be entitled
36An act relating to Palm Beach County; providing for the
37relief of Claudia Kautz, mother of Diana M. Kautz,
38deceased, and Jeffrey Kautz, father of Diana M. Kautz,
39deceased; providing for an appropriation to compensate
40them for injuries and damages sustained as a result of the
41negligence of an employee of the District School Board of
42Palm Beach County; providing for lobbying fees, attorney's
43fees, and costs; providing an effective date.
45     WHEREAS, on November 11, 2004, Maria E. Abrahantes
46negligently operated a school bus at the intersection of Orange
47Boulevard and Hall Boulevard in Royal Palm Beach, Palm Beach
48County, Florida, so that the school bus collided with another
49vehicle and rolled over, causing serious injury to and the
50subsequent death of passenger Diana M. Kautz, and
51     WHEREAS, at the time of the accident, Maria E. Abrahantes
52was operating the school bus as an employee of the District
53School Board of Palm Beach County in a southbound direction on
54Hall Boulevard, and
55     WHEREAS, at its intersection with Orange Boulevard, a stop
56sign was visible on Hall Boulevard and five sets of "rumble
57strips" were in place on the southbound lane leading up to the
58stop sign, and
59     WHEREAS, Maria E. Abrahantes negligently operated the
60school bus by traveling over the rumble strips without braking,
61thus running the stop sign and entering Orange Boulevard,
62violating the right-of-way of east-west traffic and causing the
63truck operated by Jeffrey Schwartz to hit the school bus, which
64rolled over and caused serious injury to and the subsequent
65death of Diana M. Kautz, and
66     WHEREAS, the school district has agreed to pay the
67claimants, Claudia and Jeffrey Kautz, parents of decedent Diana
68M. Kautz, the sum of $200,000, the maximum amount payable under
69the waiver of sovereign immunity provided under s. 768.28,
70Florida Statutes, and
71     WHEREAS, the amount remaining under the claim for damages
72in the amount of $1.1 million is $900,000, a sum that the
73District School Board of Palm Beach County has agreed to pay,
75     WHEREAS, the school district does not oppose the passage of
76this act, NOW, THEREFORE,

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