Bill No. 0074
Amendment No. 661777
Senate House

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

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