| 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 |
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| 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 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. The facts stated in the preamble to this act |
| 40 | are 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. |