1 | Representative(s) Hasner offered the following: |
2 |
|
3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
|
6 | Section 1. The facts stated in the preamble to this act |
7 | are found and declared to be true. |
8 | Section 2. The Pinellas County School Board is authorized |
9 | and directed to appropriate from funds of the school board not |
10 | otherwise encumbered and to draw a warrant payable to the estate |
11 | of Brooke Ingoldsby, decedent minor, for the total amount of |
12 | $100,000 as compensation to the estate of Brooke Ingoldsby for |
13 | the wrongful death of Brooke Ingoldsby as a result of the |
14 | negligence of the Pinellas County School Board. |
15 | Section 3. The Pinellas County School Board is authorized |
16 | and directed to appropriate from funds of the school board not |
17 | otherwise encumbered and to draw a warrant payable to Michelle |
18 | Allen, parent and natural guardian of Brooke Ingoldsby, her |
19 | deceased minor child, for the total amount of $1.2 million for |
20 | the wrongful death of her daughter, Brooke Ingoldsby, as a |
21 | result of the negligence of the Pinellas County School Board. |
22 | Section 4. Payment for attorney's fees and costs incurred |
23 | by the claimant's attorneys shall not exceed $280,237. Payment |
24 | for the professional services and costs of lobbyists advocating |
25 | for passage of this claim shall not exceed $13,000. |
26 | Section 5. This act shall take effect upon becoming a law. |
27 |
|
28 |
|
29 |
|
30 | ======= T I T L E A M E N D M E N T ========== |
31 | On page 1, line 1, through page 3, line 9, remove all of |
32 | said lines, and insert: |
33 |
|
34 | A bill to be entitled |
35 | An act for the relief of the estate of Brooke Ingoldsby, |
36 | deceased minor child of Michelle Allen, and Michelle |
37 | Allen, parent and natural guardian of Brooke Ingoldsby, |
38 | individually, by the Pinellas County School Board; |
39 | providing for an appropriation to compensate the estate of |
40 | Brooke Ingoldsby, and Michelle Allen, individually, for |
41 | the wrongful death of Brooke Ingoldsby, which was due in |
42 | part to the negligent failure of a county school bus |
43 | driver to secure the safety of children who exit the |
44 | school bus; providing for limitation on attorney's fees |
45 | and lobbying fees; providing an effective date. |
46 |
|
47 | WHEREAS, on February 11, 2005, Brooke Ingoldsby, an 8-year- |
48 | old third grader at James B. Sanderlin Elementary School, was |
49 | being transported home on a school bus of the Pinellas County |
50 | School Board which was driven by an inadequately trained |
51 | substitute bus driver employed by the school board, and |
52 | WHEREAS, rather than depositing Brooke Ingoldsby, who was |
53 | the last student on the bus, at her appointed bus stop where her |
54 | grandmother was waiting for her, the substitute bus driver |
55 | dropped Brooke Ingoldsby off on the corner of 90th Avenue and |
56 | the east side of 9th Street North, an extremely busy |
57 | thoroughfare in St. Petersburg, Pinellas County, Florida, and |
58 | WHEREAS, when the substitute bus driver dropped off Brooke |
59 | Ingoldsby, he did not turn on the bus's flashing lights or |
60 | display its stop sign, and |
61 | WHEREAS, as Brooke Ingoldsby attempted to cross 9th Street |
62 | North, another school bus of the Pinellas County School Board, |
63 | which was also operated by an employee of the school board, was |
64 | northbound on 9th Street North, and |
65 | WHEREAS, as that school bus was slowing to a stop at the |
66 | intersection of 90th Avenue and 9th Street North, the driver did |
67 | not turn on the red flashing lights or extend the stop sign on |
68 | the side of the bus even though the driver saw southbound |
69 | traffic approaching the intersection as Brooke Ingoldsby started |
70 | to cross 9th Street North, and |
71 | WHEREAS, Brooke Ingoldsby was subsequently struck by a |
72 | southbound sports utility vehicle in the west-most southbound |
73 | lane of 9th Street North and was pronounced dead 3 hours later |
74 | at Bayfront Medical Center, and |
75 | WHEREAS, Brooke Ingoldsby suffered multisystem trauma, head |
76 | injury, bilateral closed femur injury, a closed right humerus |
77 | fracture, and a severe abrasion to her right waistline, and |
78 | WHEREAS, it was later determined that the substitute bus |
79 | driver was uncertain where to allow Brooke Ingoldsby to exit the |
80 | school bus and was given an incomplete drop-off schedule, and |
81 | WHEREAS, before this accident, Brooke Ingoldsby's mother, |
82 | Michelle Allen, had made numerous complaints to the Pinellas |
83 | County School Board regarding the lack of safety of the children |
84 | in the school district's transportation system, and |
85 | WHEREAS, the Pinellas County School Board admitted |
86 | liability for Brooke Ingoldsby's death and agreed to pay the |
87 | total sum of $2.5 million for the damages and losses sustained |
88 | by the estate of Brooke Ingoldsby and for the losses suffered by |
89 | Brooke Ingoldsby's mother, Michelle Allen, and |
90 | WHEREAS, judgment was entered in the amount of $2.5 |
91 | million, including $200,000 in damages and losses sustained by |
92 | the estate of Brooke Ingoldsby and $2.3 million for the losses |
93 | suffered by Brooke Ingoldsby's mother, Michelle Allen, and |
94 | WHEREAS, the school district has paid $100,000 to the |
95 | estate and $100,000 for the losses suffered by Michelle Allen, |
96 | thus exhausting the limits of the waiver of sovereign immunity, |
97 | and |
98 | WHEREAS, the school district maintained a liability policy |
99 | of $1 million, which was paid to Michelle Allen, and |
100 | WHEREAS, the remaining sums owed under the judgment include |
101 | $100,000, which is owed to the estate, and $1.2 million, which |
102 | is owed to Michelle Allen, NOW, THEREFORE, |