Florida Senate - 2022                              (NP)    SB 84
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00243A-22                                            202284__
    1                        A bill to be entitled                      
    2         An act for the relief of victims of the Marjory
    3         Stoneman Douglas High School mass casualty incident,
    4         by the School Board of Broward County; providing for
    5         an appropriation to compensate them for injuries
    6         sustained as a result of the negligence of the School
    7         Board of Broward County; specifying the claimants
    8         among whom the compensation will be allocated;
    9         providing a limitation on compensation and the payment
   10         of attorney fees; providing an effective date.
   11  
   12         WHEREAS, the School Board of Broward County owned,
   13  possessed, and controlled the Marjory Stoneman Douglas High
   14  School campus premises on February 14, 2018, and
   15         WHEREAS, the School Board of Broward County had a duty of
   16  reasonable care toward those permissibly on the school premises,
   17  including a duty to reasonably protect students, teachers, and
   18  staff from reasonably foreseeable physical harm by intruders on
   19  the campus, and
   20         WHEREAS, on the afternoon of February 14, 2018, Nikolas
   21  Cruz, a former Marjory Stoneman Douglas High School student,
   22  trespassed on the campus while carrying a loaded firearm,
   23  entered the 1200 building, went on a shooting spree that killed
   24  and injured multiple students and teachers, and then fled the
   25  scene, after which he was apprehended by law enforcement
   26  officers, and
   27         WHEREAS, this tragic mass casualty incident resulted in the
   28  deaths of fourteen students and three teachers, making this the
   29  deadliest high school shooting in United States history, and
   30         WHEREAS, some teachers and students suffered gunshot
   31  related injuries, and others suffered posttraumatic stress from
   32  this event, and
   33         WHEREAS, the negligence of the School Board of Broward
   34  County contributed to the damages suffered as a result of the
   35  events of February 14, 2018, at Marjory Stoneman Douglas High
   36  School, to the extent that School Board of Broward County
   37  personnel had information regarding the risk of Nikolas Cruz
   38  committing acts of physical harm and violence toward others but
   39  failed to take reasonably appropriate action to protect the
   40  campus from Nikolas Cruz; were unprepared to deal with repeat
   41  trespassers and intruders on campus, such as former students
   42  like Nikolas Cruz; were unprepared to address armed intruders on
   43  campus; failed to prevent Nikolas Cruz from entering the campus
   44  and failed to intercept Nikolas Cruz once he did enter; and were
   45  unprepared to respond in the event of an active shooter on
   46  campus, and
   47         WHEREAS, the claimants specified in this act and the School
   48  Board of Broward County intend to resolve, compromise, and
   49  settle the claim against the School Board of Broward County by
   50  way of a stipulated settlement agreement providing for the entry
   51  of a consent final judgment in favor of the claimants and
   52  against the School Board of Broward County in the aggregate sum
   53  of $25 million, to be paid in total over three installments,
   54  including two payments of $8,333,333.33, under which the School
   55  Board of Broward County will make the first payment within 60
   56  days after this act becomes a law and will make the second
   57  payment no later than 1 year after the date of the first
   58  payment; and a third payment of $8,333,333.34 no later than 1
   59  year after the date of the second payment, and
   60         WHEREAS, the claimants intend to agree to a process by
   61  which the aggregate sum and each of the three installment
   62  payments will be allocated, and
   63         WHEREAS, the amounts specified in this act are not intended
   64  to constitute full and complete compensation to any victims for
   65  their damages, but are intended to satisfy only the claims by
   66  the claimants specified in this act against the School Board of
   67  Broward County and the School Board of Broward County’s share of
   68  fault, without regard to any claims of the claimants against
   69  other responsible parties and without regard to the liability of
   70  others, and
   71         WHEREAS, the actions of others may have caused or
   72  contributed to the damages resulting from the events of February
   73  14, 2018, at Marjory Stoneman Douglas High School, and the
   74  amounts specified in this act do not prevent any victims from
   75  seeking recoveries from such responsible parties or seeking
   76  further claim bills in connection with claims against such
   77  responsible parties, and
   78         WHEREAS, the parties intend for the settlement to be
   79  partially satisfied in the amount of $300,000, representing the
   80  statutory limit that may be paid by the School Board of Broward
   81  County pursuant to s. 768.28, Florida Statutes, absent further
   82  act of the Legislature, and
   83         WHEREAS, the respective claims of the claimants specified
   84  in this act against the School Board of Broward County shall be
   85  considered fully satisfied upon payment of the aggregate sum by
   86  the School Board of Broward County as provided in this act,
   87  pursuant to a claim bill authorized by the Legislature, and
   88         WHEREAS, the parties acknowledge that a settlement
   89  agreement and consent final judgment must be approved, and
   90         WHEREAS, the School Board of Broward County has agreed not
   91  to oppose or object to the passage of this act, will cooperate
   92  in and support passage of this act, and has agreed to make a
   93  good faith effort to provide testimony to the Legislature as
   94  requested, NOW, THEREFORE,
   95  
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. The facts stated in the preamble to this act are
   99  found and declared to be true.
  100         Section 2. The School Board of Broward County is authorized
  101  and directed to appropriate from funds not otherwise encumbered
  102  and to draw a warrant in the aggregate sum of $25 million, to be
  103  paid in total over three installments with the School Board of
  104  Broward County making the first payment of $8,333,333.33 within
  105  60 days after this act becomes a law and making the second
  106  payment of $8,333,333.33 no later than 1 year after the date of
  107  the first payment, and a third payment of $8,333,333.34 no later
  108  than 1 year after the date of the second payment, payable to the
  109  Grossman Roth Yaffa Cohen, P.A., Trust Account for the benefit
  110  of the claimants of the Marjory Stoneman Douglas High School
  111  mass casualty incident of February 14, 2018, specified in this
  112  act as compensation for injuries and damages sustained.
  113         Section 3. The following claimants intend to agree to a
  114  process to allow for the allocation of the aggregate sum and,
  115  accordingly, each of the three installment payments:
  116         (1)The Estate of Peter Wang;
  117         (2)The Estate of Gina Rose Montalto;
  118         (3)The Estate of Cara Marie Loughran;
  119         (4)The Estate of Alyssa Alhadeff;
  120         (5)The Estate of Scott Beigel;
  121         (6)The Estate of Joaquin Oliver;
  122         (7)The Estate of Martin Duque Anguiano;
  123         (8)The Estate of Nicholas Dworet;
  124         (9)The Estate of Aaron Feis;
  125         (10)The Estate of Christopher Hixon;
  126         (11)The Estate of Jaime Guttenberg;
  127         (12)The Estate of Luke Hoyer;
  128         (13)The Estate of Alaina Petty;
  129         (14)The Estate of Meadow Pollack;
  130         (15)The Estate of Helena Ramsay;
  131         (16)The Estate of Alex Schachter;
  132         (17)The Estate of Carmen Schentrup;
  133         (18)Ashley Baez;
  134         (19)Isabel Chequer;
  135         (20)Justin Colton;
  136         (21)Alexander Dworet;
  137         (22)Samantha Fuentes;
  138         (23)Samantha Grady;
  139         (24)Marian Kabachenko;
  140         (25)Kyle Laman;
  141         (26)Stacey Lippel;
  142         (27)Samantha Mayor;
  143         (28)Daniela Menescal;
  144         (29)William Olson;
  145         (30)Benjamin Wikander;
  146         (31)Madeleine Wilford;
  147         (32)Felicia Burgin;
  148         (33)Giulia Garcia;
  149         (34)J.H.;
  150         (35)Madison King;
  151         (36)Hayden Korr;
  152         (37)A.P.;
  153         (38)Elizabeth Stout;
  154         (39)Dominic Timpone;
  155         (40)Alessandra Weber;
  156         (41)M.W.;
  157         (42)Noah Pace;
  158         (43)Zachary London;
  159         (44)Jacob Schwartz;
  160         (45)Nicole Carrillo;
  161         (46)Samara Barrack;
  162         (47)Victoria Alvarez;
  163         (48)Emely Vasquez;
  164         (49)Chloe Leffler;
  165         (50)Lucio Carrillo; and
  166         (51)Ivy Schamis.
  167         Section 4. The amount paid by the School Board of Broward
  168  County pursuant to s. 768.28, Florida Statutes, and the amount
  169  awarded under this act are intended to provide the sole
  170  compensation for all present and future claims arising out of
  171  the factual situation described in this act which resulted in
  172  injuries and damages to the claimants of the Marjory Stoneman
  173  Douglas High School mass casualty incident of February 14, 2018,
  174  specified in this act. The total amount paid by each of the
  175  claimants specified in this act for attorney fees, inclusive of
  176  lobbying fees, relating to his or her claim may not exceed 25
  177  percent of the total amount allocated to each claimant under
  178  this act.
  179         Section 5. This act shall take effect upon becoming a law.