HB 1691 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to the Sarasota County School Board;
13	providing for the relief of Denise Yahraus individually
14	and as the personal representative of the estate of
15	Michael Yahraus, deceased, and his three minor children,
16	Nadia Yahraus, Michael Yahraus, and Jonathan Yahraus;
17	authorizing and directing the school board of Sarasota
18	County, Florida, to compensate the estate for the death of
19	Michael Yahraus, due to the negligence of the Sarasota
20	County School Board; specifying the time and manner of
21	payment; providing an effective date.
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23	WHEREAS, on September 11, 2000, Michael Yahraus was fatally
24	injured in performance of his official duties while attending
25	the Criminal Justice Academy at the Sarasota County Technical
26	Institute, and
27	WHEREAS, the Sarasota County Technical Institute is
28	operated by the Sarasota County School Board, and the Criminal
29	Justice Academy, which Michael Yahraus was attending when he was
30	fatally injured, is a program operated by the Sarasota County
31	School Board, and
32	WHEREAS, during the course of the training class,
33	instructors of the Sarasota County School Board Criminal Justice
34	Academy negligently used a training handgun by using a blank
35	rather than a primer charge, which caused the handgun to
36	improperly fire a projectile from the plugged gun, wounding and
37	ultimately resulting in the death of Michael Yahraus, and
38	WHEREAS, the actions taken by the instructors were
39	negligent and caused the death of Michael Yahraus, and
40	WHEREAS, Denise Yahraus, individually and on behalf of the
41	decedent's minor children and as personal representative of her
42	husband's estate filed suit in Sarasota County against the
43	Sarasota County School Board, and
44	WHEREAS, the parties agreed to a settlement in the amount
45	of $1,250,000 to be paid to the estate and its beneficiaries,
46	and
47	WHEREAS, the Circuit Court in Sarasota County entered a
48	Final Judgment on January 14, 2002, in the amount of $1,250,000,
49	specifically incorporating the settlement agreement therein,
50	providing that the estate recover that amount from the Sarasota
51	County School Board, and
52	WHEREAS, Denise Yahraus has received $200,000 in partial
53	satisfaction of the agreed-upon settlement amount, and
54	WHEREAS, the Sarasota County School Board agreed not to
55	oppose the estate's efforts to secure a claim bill for payment
56	of the remaining portion of the stipulated final judgment, and
57	WHEREAS, the remaining unpaid amount of the judgment is
58	$1,050,000, NOW, THEREFORE,
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60	Be It Enacted by the Legislature of the State of Florida:
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62	Section 1. The facts stated in the preamble to this act
63	are found and declared to be true.
64	Section 2. The Sarasota County School Board is authorized
65	and directed to compensate Michael Yahraus’s widow, Denise
66	Yahraus, as personal representative of the Estate of Michael
67	Yahraus, and his three children, Nadia Yahraus, Michael Yahraus,
68	and Jonathan Yahraus, for the death of Michael Yahraus caused by
69	school board employee negligence, in the amount of $1,050,000,
70	such payment to be made out of funds of the District School
71	Board not otherwise appropriated, and to be made thirty days
72	following the first July 1 after the effective date of this act.
73	After payment of statutory attorney’s fees and costs, and any
74	outstanding worker’s compensation lien, 50 percent of the
75	balance shall be paid to Denise Yahraus, and the remaining 50
76	percent shall be divided into three equal shares, with one share
77	being paid into each of the three children’s restricted
78	guardianship accounts.
79	Section 3. This act shall take effect upon becoming a law.