Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. CS for SB 58 Ì6759327Î675932 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/26/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Education (Bullard) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 79 - 90 4 and insert: 5 Section 2. The Palm Beach County School Board is authorized 6 and directed to: 7 (1) Appropriate from funds of the school board not 8 otherwise appropriated and to draw a warrant in the sum of 9 $600,000, payable in two annual installments of $300,000, which, 10 after payment of fees, costs, and expenses as provided in 11 section 3, shall be placed in a special needs trust for the 12 exclusive use and benefit of Q.B. to compensate her for injuries 13 and damages she sustained as a result of the negligence of 14 employees of the Palm Beach County School District; and 15 (2) Purchase an annuity for Q.B.’s benefit. The annuity 16 shall provide annual disbursements to Q.B. beginning on June 23, 17 2024. Each annual payment shall be at least $14,850. The annuity 18 shall guarantee such annual payments for a minimum of 40 years, 19 for a total guaranteed benefit of $594,000. 20 Section 3. The total amount paid for attorney fees, 21 lobbying fees, costs, and other similar expenses relating to 22 this claim may not exceed 25 percent of the amount awarded under 23 this act. Attorney or lobbyist fees may not be assessed against 24 the value of the annuity. 25 26 ================= T I T L E A M E N D M E N T ================ 27 And the title is amended as follows: 28 Delete lines 3 - 73 29 and insert: 30 School Board; providing for an appropriation and an 31 annuity to compensate Q.B. for injuries sustained as a 32 result of the negligence of employees of the Palm 33 Beach County School District; providing a limitation 34 on the payment of fees and costs; providing that the 35 appropriation settles all present and future claims 36 related to the negligent act; providing an effective 37 date. 38 39 WHEREAS, in January 2007, Q.B. was a 3-year-old exceptional 40 student education (ESE) student at Glade View Elementary School 41 in the Palm Beach County School District, and 42 WHEREAS, at that time, Q.B.’s speech and language 43 capabilities were developmentally delayed, and Q.B. had 44 virtually no capacity for speech, and 45 WHEREAS, on January 16, 2007, a school bus owned by the 46 Palm Beach County School District was being driven by a bus 47 driver employed by the district with a bus aide, also employed 48 by the district, riding as a passenger, to transport Q.B. to her 49 home from Glade View Elementary School, and 50 WHEREAS, at the same time, a 15-year-old male high school 51 student who had emotional and behavioral disabilities and who 52 was considered severely emotionally disturbed by the Palm Beach 53 County School District was also a passenger on the school bus, 54 and 55 WHEREAS, the 15-year-old male high school student left his 56 assigned bus seat, approached Q.B., and proceeded to sexually 57 assault Q.B. for approximately 15 minutes before the sexual 58 assault was discovered and stopped by the bus aide, and 59 WHEREAS, neither the bus driver nor the bus aide made any 60 effort to require the 15-year-old male high school student to 61 return to his assigned seat in the wake of the sexual assault, 62 but allowed him to remain sitting next to Q.B. for the remainder 63 of the bus ride, and 64 WHEREAS, the duties of the bus driver and the bus aide 65 included supervising the students on the bus, ensuring that all 66 students were in compliance with bus safety rules, and ensuring 67 the safety of all students on the bus, and 68 WHEREAS, the bus driver and the bus aide failed to properly 69 supervise the 15-year-old male high school student, failed to 70 properly supervise Q.B., and failed to ensure the safety of 71 Q.B., and, as a direct result of the breach of such duties, the 72 15-year-old male high school student was able to sexually 73 assault Q.B., and 74 WHEREAS, the sexual assault was captured on video by a 75 camera installed on the school bus, and the sexual assault 76 resulted in physical, emotional, and psychological trauma to 77 Q.B. and further diminished the quality of her life, and 78 WHEREAS, the Palm Beach County School Board is vicariously 79 liable for the negligence of the bus driver and the bus aide 80 under the doctrine of respondeat superior, s. 768.28(9)(a), 81 Florida Statutes, and 82 WHEREAS, on January 6, 2010, the parents of Q.B. filed a 83 negligence action against the Palm Beach County School Board in 84 Palm Beach County Circuit Court, styled T.B. and S.W., as 85 Parents and Natural Guardians of Q.B., a minor, Plaintiff v. The 86 School Board of Palm Beach County, Defendant, Case No. 87 502010CA000194MBAA, to recover damages for the injuries 88 sustained by Q.B. due to the sexual assault, and 89 WHEREAS, 6 years after the sexual assault and 2 weeks 90 before the commencement of trial, the Palm Beach County School 91 Board admitted liability for negligence, and the case proceeded 92 to trial only on the issue of damages, and 93 WHEREAS, on February 6, 2013, the jury returned a verdict 94 of $1,777,950 to compensate Q.B. for her injuries and provide 95 for her future care and treatment, and 96 WHEREAS, the Palm Beach County School Board has paid 97 $100,000 of the judgment pursuant to the statutory limits of 98 liability under s. 768.28, Florida Statutes, and 99 WHEREAS, the parties agreed to and approved a settlement on 100 December 16, 2015, which, among other things, requires the Palm 101 Beach County School Board to provide employment coaching and 102 education services to Q.B., and 103 WHEREAS, the settlement agreement also requires the Palm 104 Beach County School Board to compensate Q.B. in the amount of 105 $600,000 and to purchase an annuity for Q.B.’s benefit, NOW, 106 THEREFORE,