Senate Bill sb0060er

    ENROLLED

    2002 Legislature                                  CS for SB 60



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  2         An act relating to the Monroe County School

  3         District; providing for the relief of Joshua

  4         England, a minor, authorizing and directing the

  5         District School Board of Monroe County to

  6         compensate Joshua England for personal injuries

  7         that he suffered due to the negligence of

  8         school board employees; providing for the use

  9         of such funds; providing for forfeiture and

10         reversion of the funds; providing for trustee

11         qualifications; providing an effective date.

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13         WHEREAS, on September 3, 1999, Joshua England was at

14  the Key West High School swimming pool, along with 10 other

15  students who were enrolled in the school's special education

16  class, and was under the direct and sole supervision of five

17  teachers from Key West High School, who were employees of the

18  District School Board of Monroe County, and

19         WHEREAS, the students, including Joshua, were at the

20  pool to swim; however, Joshua did not know how to swim, a fact

21  that was known by Joshua's teachers, and

22         WHEREAS, the teachers failed to monitor Joshua's

23  activities and his location, inexcusably allowing him to sink

24  unnoticed to the bottom of the pool, and

25         WHEREAS, when the teachers found Joshua at the bottom

26  of the pool, he was not breathing, and

27         WHEREAS, he was subsequently airlifted to Miami

28  Children's Hospital, where he remained for approximately 3

29  months, and

30         WHEREAS, Joshua was subsequently stabilized and

31  transferred to the special care/vent care unit of North Shore


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2002 Legislature                                  CS for SB 60



  1  Hospital and then to Broward Children's Center, where he

  2  remains in a vegetative state, and

  3         WHEREAS, Joshua will require full-time,

  4  around-the-clock nursing care for the remainder of his life,

  5  and

  6         WHEREAS, in March 2000, a suit was filed on Joshua's

  7  behalf against the District School Board of Monroe County, and

  8         WHEREAS, the plaintiffs and the school board have

  9  entered into a stipulation of settlement by which both parties

10  agree that Joshua will seek a claim bill under which the

11  school board will pay $2.5 million above the amount already

12  paid to settle claims relating to this matter, and

13         WHEREAS, the agreement further specifies the payment

14  schedule that is to be followed, NOW, THEREFORE,

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  The facts stated in the preamble to this

19  act are found and declared to be true.

20         Section 2.  (1)  The District School Board of Monroe

21  County is authorized and directed to appropriate from funds

22  not otherwise appropriated, and to draw a warrant payable to

23  the guardian of Joshua England, a minor, for the total amount

24  of $2.5 million for injuries and damages sustained due to the

25  negligence of employees of the school district. This amount

26  shall be paid as follows:

27         (a)  On the first July 1 after the effective date of

28  this act, the balance remaining from the sum of $800,000,

29  after payment of statutory attorney's fees and costs and any

30  outstanding medical liens, shall be placed in a Special Needs

31  Trust created for the exclusive use and benefit of Joshua


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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    2002 Legislature                                  CS for SB 60



  1  England, a minor, to compensate him for injures and damages

  2  sustained; and

  3         (b)  On July 1, one year after the initial payment of

  4  $800,000 is made, $700,000 is to be placed into the Special

  5  Needs Trust for the exclusive use and benefit of Joshua

  6  England; and

  7         (c) On each consecutive July 1 commencing after the

  8  $700,000 payment is made, and for 5 years thereafter, $200,000

  9  shall be placed into the Special Needs Trust for the exclusive

10  use and benefit of Joshua England, until an additional

11  cumulative sum of $1,000,000 is paid.

12         (2)  If Joshua England dies prior to payment of any

13  sums required in paragraph (1)(c), any unpaid sums due at the

14  time of his death are forfeited on a pro-rated basis for the

15  year of death, and thereafter, the District School Board of

16  Monroe County is not obligated to make any additional

17  payments.

18         (3)  Any funds remaining in the Special Needs Trust at

19  the time of Joshua England's death, after the payment of any

20  outstanding Medicaid liens, shall revert to the District

21  School Board of Monroe County.

22         (4)  At least one trustee of the Special Needs Trust

23  established for the benefit of Joshua England must possess

24  financial and trust management experience, and may not be a

25  relative of Joshua England. The term "relative" as used in

26  this subsection means a parent, grandparent, sibling, cousin,

27  aunt, uncle, niece or nephew, whether related by whole or half

28  blood, by affinity, or by adoption.

29         Section 3.  This act shall take effect upon becoming a

30  law.

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CODING: Words stricken are deletions; words underlined are additions.