Senate Bill sb0040
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Florida Senate - 2002 (NP) SB 40
By Senator Dyer
14-110B-02
1 A bill to be entitled
2 An act relating to the Hillsborough County
3 School Board; providing for the relief of Alana
4 Kelly and Richard F. Taylor, Sr.; providing for
5 an appropriation to compensate them for the
6 death of their son, Richard F. Taylor, Jr.,
7 caused by the negligence of a Hillsborough
8 County School Board employee; providing an
9 effective date.
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11 WHEREAS, on April 24, 1998, 21-year-old Richard F.
12 Taylor, Jr., was driving his motorcycle in a lawful matter
13 heading south on U.S. 301 in Hillsborough County, and
14 WHEREAS, at the same time, a Hillsborough County school
15 bus operated by a driver employed by the Hillsborough County
16 School Board pulled out from a stop sign and attempted to
17 cross the southbound lanes of U.S. 301 directly in the path of
18 Richard Taylor's motorcycle, and
19 WHEREAS, although Mr. Taylor attempted to stop his
20 motorcycle from colliding with the bus, he was unable to do
21 so, and
22 WHEREAS, as a result of the collision of the school bus
23 with his motorcycle, Mr. Taylor suffered trauma to the head
24 and was pronounced dead at the scene, and
25 WHEREAS, an eyewitness to the accident observed the
26 school bus pull out in front of the motorcycle in violation of
27 the motorcycle's right-of-way, observed Mr. Taylor's attempt
28 to stop, and observed the collision, and
29 WHEREAS, Richard Taylor, Jr., was survived by his
30 mother, Alana Kelly, and his father, Richard F. Taylor, Sr.,
31 who have lost their only son and their only child, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 40
14-110B-02
1 WHEREAS, a lawsuit was filed against the Hillsborough
2 County School Board for the wrongful death of Richard F.
3 Taylor, Jr., and
4 WHEREAS, at the conclusion of the trial, the jury found
5 the School Board 75 percent at fault for the death of Richard
6 Taylor, Jr., and entered a verdict for $402,444, and
7 WHEREAS, after proper reductions for comparative fault,
8 the judge entered a final judgment in favor of the claimants
9 for a total of $301,833, and
10 WHEREAS, the School Board did not appeal the verdict
11 and judgment, and
12 WHEREAS, the School Board has paid $200,000 to the
13 claimants pursuant to the limits of liability set forth in
14 section 768.28, Florida Statutes, leaving an unpaid judgment
15 amount of $101,833, NOW, THEREFORE,
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. The facts stated in the preamble to this
20 act are found and declared to be true.
21 Section 2. The Hillsborough County School Board is
22 authorized and directed to appropriate from funds of the
23 school board not otherwise appropriated and to draw a warrant
24 in the sum of $50,000, which amount includes statutory
25 attorney's fees and costs, payable to Alana Kelly as
26 compensation for the death of her son, Richard F. Taylor, Jr.,
27 due to the negligence of an employee of the Hillsborough
28 County School Board.
29 Section 3. The Hillsborough County School Board is
30 authorized and directed to appropriate from funds of the
31 school board not otherwise appropriated and to draw a warrant
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 (NP) SB 40
14-110B-02
1 in the sum of $51,833, less statutory attorney's fees and
2 costs, payable to Richard F. Taylor, Sr., as compensation for
3 the death of his son, Richard F. Taylor, Jr., due to the
4 negligence of the Hillsborough County School Board.
5 Section 4. This act shall take effect upon becoming a
6 law.
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