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A bill to be entitled

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An act relating to the Orange County School Board;

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providing for the relief of Daniel Decembre, a minor, by

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and through his court-appointed guardian; providing for an

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appropriation to compensate Daniel Decembre for injuries

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and damages he sustained; providing legislative intent;

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providing a limitation on the payment of fees and costs;

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providing an effective date.

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     WHEREAS, on March 4, 2003, a dog came onto the school

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premises of Ridgewood Park Elementary School, located in Orange

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County, Florida, and attacked Daniel Decembre, causing him

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serious and permanent injuries, and as a result of this dog

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attack, Daniel has had to undergo several corrective surgeries,

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and

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     WHEREAS, the Orange County School Board and its agents and

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employees had advance notice of the dangerousness of dogs

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entering the school premises of Ridgewood Park Elementary School

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and had reported several incidents of loose dogs on the campus of

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the school to the Orange County Animal Services, and

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     WHEREAS, the Orange County School Board and its agents and

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employees knew or should have known that dogs on the school

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premises of Ridgewood Park Elementary School would and could harm

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one of its students, such as Daniel Decembre, and

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     WHEREAS, the Orange County School Board and its agents and

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employees failed to secure the premises of Ridgewood Park

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Elementary School from dogs entering where Daniel Decembre was

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injured, and

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     WHEREAS, as a direct and proximate result of negligence by

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the Orange County School Board and its agents and employees,

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Daniel Decembre suffered serious physical and mental injuries;

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will continue to experience mental and physical pain and

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suffering, disability, and loss of capacity for the enjoyment of

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life; and will require additional medical care, surgeries,

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psychiatric care, and hospitalization, continuing beyond the age

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of majority, and

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     WHEREAS, in the future, Daniel Decembre will also suffer

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lost wages and loss of earning capacity, and

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     WHEREAS, following a lawsuit filed by Desnar and Mignone

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Decembre, the Orange County School Board agreed to a settlement

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in the amount of $2 million, of which $200,000 was paid within 30

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days after the date of the settlement agreement, and $1.8 million

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is sought through the submission of a claim bill to the

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Legislature with respect to which the Orange County School Board

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has agreed to remain neutral, NOW, THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. Upon court approval of the settlement in this

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matter, the Orange County School Board is authorized and directed

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to appropriate from funds of the school board not otherwise

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encumbered and draw a warrant in the amount of $1.8

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million, payable to the court-appointed guardian of Daniel

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Decembre, to be placed in the guardianship account of Daniel

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Decembre. It is the intent of the Legislature that the funds

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appropriated herein are to be used exclusively for the care and

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benefit of Daniel Decembre.

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     Section 3. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in injury

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to Daniel Decembre. The total amount paid for attorney's fees,

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lobbying fees, costs, and other similar expenses relating to this

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claim may not exceed 25 percent of the amount awarded under this

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act.

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     Section 4.  This act shall take effect upon becoming a law.