HB 1691 2003
1	A bill to be entitled
2	An act relating to the Sarasota County School Board;
3	providing for the relief of Denise Yahraus individually
4	and as the personal representative of the estate of
5	Michael Yahraus, deceased; authorizing and directing the
6	school board of Sarasota County, Florida, to compensate
7	the estate for the death of Michael Yahraus, due to the
8	negligence of the Sarasota County School Board; providing
9	an effective date.
10
11	WHEREAS, on September 11, 2000, Michael Yahraus was fatally
12	injured in performance of his official duties while attending
13	the Criminal Justice Academy at the Sarasota County Technical
14	Institute, and
15	WHEREAS, the Sarasota County Technical Institute is
16	operated by the Sarasota County School Board, and the Criminal
17	Justice Academy, which Michael Yahraus was attending when he was
18	fatally injured, is a program operated by the Sarasota County
19	School Board, and
20	WHEREAS, during the course of the training class,
21	instructors of the Sarasota County School Board Criminal Justice
22	Academy negligently used a training handgun by using a blank
23	rather than a primer charge, which caused the handgun to
24	improperly fire a projectile from the plugged gun, wounding and
25	ultimately resulting in the death of Michael Yahraus, and
26	WHEREAS, the actions taken by the instructors were
27	negligent and caused the death of Michael Yahraus, and
28	WHEREAS, Denise Yahraus, individually and on behalf of the
29	decedent's minor children and as personal representative of her
30	husband's estate filed suit in Sarasota County against the
31	Sarasota County School Board, and
32	WHEREAS, the parties agreed to a settlement in the amount
33	of $1,250,000 to be paid to the estate and its beneficiaries,
34	and
35	WHEREAS, the Circuit Court in Sarasota County entered a
36	Final Judgment on January 14, 2002, in the amount of $1,250,000,
37	specifically incorporating the settlement agreement therein,
38	providing that the estate recover that amount from the Sarasota
39	County School Board, and
40	WHEREAS, Denise Yahraus has received $200,000 in partial
41	satisfaction of the agreed-upon settlement amount, and
42	WHEREAS, the Sarasota County School Board agreed not to
43	oppose the estate's efforts to secure a claim bill for payment
44	of the remaining portion of the stipulated final judgment, and
45	WHEREAS, the remaining unpaid amount of the judgment is
46	$1,050,000, NOW, THEREFORE,
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1. The facts stated in the preamble to this act
51	are found and declared to be true.
52	Section 2. The Sarasota County School Board is authorized
53	and directed to compensate Denise Yahraus, as personal
54	representative of the Estate of Michael Yahraus, in the total
55	amount of $1,050,000, out of funds of the District School Board
56	of Sarasota County not otherwise appropriated.
57	Section 3. This act shall take effect upon becoming a law.