Florida Senate - 2012 (NP) SB 66 By Senator Sachs 30-00197-12 201266__ 1 A bill to be entitled 2 An act for the relief of Ashraf Kamel and Marguerite 3 Dimitri by the Palm Beach County School Board; 4 providing for an appropriation to compensate Ashraf 5 Kamel and Marguerite Dimitri for the wrongful death of 6 their minor child, Jean A. Pierre Kamel, as a result 7 of the negligence of the Palm Beach County School 8 Board; providing a limitation on the payment of fees 9 and costs; providing an effective date. 10 11 WHEREAS, Jean A. Pierre Kamel, age 13, was killed on 12 January 27, 1997, when he was shot by 14-year-old Tronneal 13 Mangum in front of Conniston Middle School, a Palm Beach County 14 public school, and 15 WHEREAS, Jean A. Pierre Kamel’s surviving father, Ashraf 16 Kamel, brought a wrongful-death action against the Palm Beach 17 County School Board seeking damages for Marguerite Dimitri, 18 Jean’s mother, and himself for their anguish and mental pain and 19 suffering due to the tragic death of their minor son, and 20 WHEREAS, before the shooting occurred, Tronneal Mangum and 21 Jean Kamel, both of whom were students at Conniston, had a prior 22 confrontation, namely Mangum’s kicking Jean Kamel in his 23 prosthetic leg, and 24 WHEREAS, Jean Kamel and Tronneal Mangum met with a guidance 25 counselor and told the counselor that Mangum had a watch that 26 belonged to Jean Kamel, and 27 WHEREAS, Jean Kamel told an agent or employee of the school 28 board that “Tronneal is out to get me” just days before he was 29 shot and killed, and 30 WHEREAS, on the day of the shooting, Tronneal Mangum 31 traveled to Conniston Middle School on the school bus with a 32 loaded firearm and entered school property carrying the weapon, 33 and 34 WHEREAS, the Palm Beach County School Board was on notice 35 that students had brought firearms to Conniston Middle School on 36 previous occasions, and 37 WHEREAS, on February 8, 2002, a Palm Beach County jury 38 found that the Palm Beach County School Board was negligent and 39 80 percent liable for the death of Jean Kamel, and that Jean 40 Kamel was 20 percent comparatively negligent for his own death, 41 and 42 WHEREAS, the same jury determined that the amount of 43 damages of Ashraf Kamel and Marguerite Dimitri for their anguish 44 and mental pain and suffering as a result of the negligence of 45 the Palm Beach County School Board was $2 million, and 46 WHEREAS, on February 22, 2002, the circuit court reduced 47 the jury verdict to final judgment in the sum of $1,602,400, 48 based on the offset for 20 percent comparative negligence, and 49 WHEREAS, on May 14, 2002, the circuit court entered a cost 50 judgment in favor of Ashraf Kamel in the amount of $13,490, and 51 WHEREAS, the Palm Beach County School Board appealed the 52 final judgment, and the Fourth District Court of Appeal rejected 53 the appeal in a per curiam affirmed opinion issued on February 54 12, 2003, and 55 WHEREAS, on February 27, 2003, the Palm Beach County School 56 Board filed a Motion for Rehearing and Certification of Issues 57 of Great Public Importance, which was denied by the Fourth 58 District Court of Appeal on March 20, 2003, and 59 WHEREAS, on April 17, 2003, the Palm Beach County School 60 Board tendered to Ashraf Kamel, as personal representative of 61 the Estate of Jean A. Pierre Kamel, a payment of $200,000, in 62 accordance with the statutory limits of liability set forth in 63 s. 768.28, Florida Statutes, and 64 WHEREAS, Ashraf Kamel and Marguerite Dimitri and the Palm 65 Beach County School Board agreed to settle the claim for a total 66 of $560,000, and 67 WHEREAS, Ashraf Kamel, as personal representative of the 68 Estate of Jean A. Pierre Kamel, seeks satisfaction of the 69 $360,000 balance of the settlement agreement, NOW, THEREFORE, 70 71 Be It Enacted by the Legislature of the State of Florida: 72 73 Section 1. The facts stated in the preamble to this act are 74 found and declared to be true. 75 Section 2. The Palm Beach County School Board is authorized 76 and directed to appropriate from funds of the school board not 77 otherwise encumbered and to draw a warrant payable to Ashraf 78 Kamel, as personal representative of the Estate of Jean A. 79 Pierre Kamel, for the amount of $180,000, to compensate Ashraf 80 Kamel for injuries and damages sustained due to the death of 81 Jean A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite 82 Dimitri, as a result of the negligence of the school board. 83 Section 3. The Palm Beach County School Board is authorized 84 and directed to appropriate from funds of the school board not 85 otherwise encumbered and to draw a warrant payable to Marguerite 86 Dimitri for the amount of $180,000, to compensate Marguerite 87 Dimitri for injuries and damages sustained due to the death of 88 Jean A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite 89 Dimitri, as a result of the negligence of the school board. 90 Section 4. The amount paid by the Palm Beach County School 91 Board pursuant to s. 768.28, Florida Statutes, and the amounts 92 awarded under this act are intended to provide the sole 93 compensation for all present and future claims arising out of 94 the factual situation described in this act which resulted in 95 the death of Jean A. Pierre Kamel. The total amount paid for 96 attorney’s fees, lobbying fees, costs, and other similar 97 expenses relating to this claim may not exceed 25 percent of the 98 total amounts awarded under this act. 99 Section 5. This act shall take effect upon becoming a law.