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.