Senate Bill sb0048

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    Florida Senate - 2007                                    SB 48

    By Senator Aronberg





    27-98A-07

  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Claudia Kautz, mother of

  4         decedent Diana M. Kautz, and Jeffrey Kautz,

  5         father of the decedent, for injuries and

  6         damages sustained as a result of the negligence

  7         of an employee of the District School Board of

  8         Palm Beach County; providing for an

  9         appropriation; providing for attorney's fees

10         and costs; providing an effective date.

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12         WHEREAS, on November 11, 2004, Maria E. Abrahantes

13  negligently operated a school bus at the intersection of

14  Orange Boulevard and Hall Boulevard in Royal Palm Beach, Palm

15  Beach County, Florida, so that the school bus collided with

16  another vehicle and rolled over, causing serious injury to and

17  the subsequent death of passenger Diana M. Kautz, and

18         WHEREAS, at the time of the accident, Maria E.

19  Abrahantes was operating the school bus as an employee of the

20  District School Board of Palm Beach County in a southbound

21  direction on Hall Boulevard, and

22         WHEREAS, at its intersection with Orange Boulevard, a

23  stop sign was visible on Hall Boulevard and five sets of

24  "rumble strips" were in place on the southbound lane leading

25  up to the stop sign, and

26         WHEREAS, Maria E. Abrahantes negligently operated the

27  school bus by traveling over the rumble strips without

28  braking, thus running the stop sign and entering Orange

29  Boulevard, violating the right-of-way of east-west traffic and

30  causing the truck operated by Jeffrey Schwartz to hit the

31  

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    Florida Senate - 2007                                    SB 48
    27-98A-07




 1  school bus, which rolled over and caused serious injury to and

 2  the subsequent death of Diana M. Kautz, and

 3         WHEREAS, the school district has agreed to pay the

 4  claimants, Claudia and Jeffrey Kautz, parents of decedent

 5  Diana M. Kautz, the sum of $200,000, the maximum amount

 6  payable under the waiver of sovereign immunity provided under

 7  s. 768.28, Florida Statutes, and

 8         WHEREAS, the amount remaining under the claim for

 9  damages in the amount of $1.1 million is $900,000, a sum that

10  the District School Board of Palm Beach County has agreed to

11  pay, and

12         WHEREAS, the school district does not oppose the

13  passage of this act, NOW, THEREFORE,

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  The facts stated in the preamble to this

18  act are found and declared to be true.

19         Section 2.  The District School Board of Palm Beach

20  County is authorized and directed to appropriate from funds of

21  the school board not otherwise appropriated and to draw a

22  warrant in the amount of $900,000 in favor of Claudia and

23  Jeffrey Kautz, parents of decedent Diana M. Kautz, as

24  compensation for injuries and damages sustained as a result of

25  the negligence of an employee of the District School Board of

26  Palm Beach County. The settlement shall be paid as a single,

27  one-time payment, and, after payment of costs and attorney's

28  fees as limited by s. 768.28(8), Florida Statutes, the

29  remaining moneys shall be distributed as follows:

30         (1)  Fifty percent shall be paid to Claudia Kautz,

31  mother of decedent Diana M. Kautz; and

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    Florida Senate - 2007                                    SB 48
    27-98A-07




 1         (2)  Fifty percent shall be paid to Jeffrey Kautz,

 2  father of decedent Diana M. Kautz.

 3         Section 3.  This act shall take effect upon becoming a

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