Florida Senate - 2012                            (NP)    SB 1076
       
       
       
       By Senator Gibson
       
       
       
       
       1-00952-12                                            20121076__
    1                        A bill to be entitled                      
    2         An act for the relief of Anais Cruz Peinado by the
    3         School Board of Miami-Dade County; providing for an
    4         appropriation to compensate Anais Cruz Peinado, mother
    5         of Juan Carlos Rivera, deceased, for the death of Juan
    6         Carlos Rivera as a result of the negligence of the
    7         School Board of Miami-Dade County; providing a
    8         limitation on the payment of fees and costs; providing
    9         an effective date.
   10  
   11         WHEREAS, on September 15, 2009, Juan Carlos Rivera was a
   12  student at Coral Gables Senior High School in the care and
   13  custody of the School Board of Miami-Dade County, Florida, and
   14         WHEREAS, on September 15, 2009, Juan Carlos Rivera was
   15  attacked, stabbed, and murdered on the grounds of Coral Gables
   16  Senior High School by another student, and
   17         WHEREAS, the Estate of Juan Carlos Rivera has alleged,
   18  through a lawsuit filed April 28, 2010, in Miami-Dade County,
   19  that the negligence of the School Board of Miami-Dade County was
   20  the proximate cause of the death of Juan Carlos Rivera, and
   21         WHEREAS, Anais Cruz Peinado has suffered extreme mental
   22  anguish and undergone great suffering as a result of the loss of
   23  her son, and
   24         WHEREAS, the Estate of Juan Carlos Rivera and the School
   25  Board of Miami-Dade County, Florida have reached a compromise
   26  settlement in the amount of $1,875,000, which was approved by
   27  the school board on October 17, 2011, and
   28         WHEREAS, pursuant to the agreement between the parties, the
   29  settlement has been partially satisfied in the amount of
   30  $700,000, and
   31         WHEREAS, the claim shall be considered fully satisfied upon
   32  payment of an additional $1,175,000 by the School Board of
   33  Miami-Dade County to Anais Cruz Peinado, as beneficiary of the
   34  Estate of Juan Carlos Rivera, pursuant to a claim bill
   35  authorized by the Florida Legislature, NOW, THEREFORE,
   36  
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. The facts stated in the preamble to this act are
   40  found and declared to be true.
   41         Section 2. The School Board of Miami-Dade County is
   42  authorized and directed to appropriate from funds not otherwise
   43  encumbered and to draw a warrant in the sum of $1,175,000,
   44  payable to Anais Cruz Peinado, mother of Juan Carlos Rivera, as
   45  compensation for the death of Juan Carlos Rivera due to the
   46  negligence of the School Board of Miami-Dade County.
   47         Section 3. The amount paid by the School Board of Miami
   48  Dade County pursuant to s. 768.28, Florida Statutes, and the
   49  amount awarded under this act are intended to provide the sole
   50  compensation for all present and future claims arising out of
   51  the factual situation described in this act which resulted in
   52  the death of Juan Carlos Rivera. The total amount paid for
   53  attorney fees, lobbying fees, costs, and other similar expenses
   54  relating to this claim may not exceed 25 percent of the total
   55  amount awarded under this act.
   56         Section 4. This act shall take effect upon becoming a law.