Senate Bill sb0042

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 42

    By Senator Posey





    24-18-03

  1                      A bill to be entitled

  2         An act relating to the Indian River County

  3         School Board; providing for the relief of

  4         Taylor Rosemond, a minor, and her parents and

  5         natural guardians, Alvin and Shirley Rosemond,

  6         for injuries sustained due to the negligence of

  7         the Indian River County School Board; providing

  8         for the use of such funds; providing an

  9         effective date.

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11         WHEREAS, on January 25, 1999, 7-year-old Taylor

12  Rosemond was a passenger on a school bus owned by the Indian

13  River County School Board and operated by its employee,

14  Deborah Colletti, and

15         WHEREAS, Deborah Colletti failed to stop at a stop sign

16  located at the intersection of 45th Street and 66th Avenue in

17  Indian River County, which failure caused the bus to collide

18  with a tractor-trailer traveling on 66th Avenue, resulting in

19  injuries to Taylor Rosemond and 15 other children and the

20  deaths of two other persons, and

21         WHEREAS, Deborah Colletti was cited with failure to

22  obey a traffic-control device and failure to yield the

23  right-of-way, and

24         WHEREAS, Taylor Rosemond was taken by ambulance to a

25  local hospital and thence airlifted to Arnold Palmer

26  Children's Hospital in Orlando, and

27         WHEREAS, Taylor Rosemond was diagnosed with a lacerated

28  kidney, bruised liver, and right renal laceration, and

29         WHEREAS, Taylor Rosemond's injuries resulting from the

30  negligence of the school bus operator have caused her bodily

31  injury and permanent pain and suffering, disability,

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 42
    24-18-03




  1  disfigurement, mental anguish, loss of capacity for the

  2  enjoyment of life, hospitalization expenses, nursing care

  3  expenses, medical expenses, loss of earnings and capacity to

  4  earn, and aggravation of previously existing conditions, and

  5         WHEREAS, Taylor Rosemond's injuries have caused her

  6  parents lost income, permanent loss of support and services,

  7  and expenses for medical care, psychiatric care,

  8  hospitalization care, and nursing care for their daughter, and

  9         WHEREAS, suit was filed in Indian River County

10  following the collision, and prior to trial the case was

11  settled in the amount of $60,000, and

12         WHEREAS, the Indian River County School Board has

13  agreed to support this claim bill, NOW, THEREFORE,

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

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

18  act are found and declared to be true.

19         Section 2.  The Indian River County School Board is

20  authorized and directed to compensate Alvin and Shirley

21  Rosemond, the parents and natural guardians of Taylor

22  Rosemond, in the amount of $50,000 for the benefit of Taylor

23  Rosemond, out of funds of the Indian River County School Board

24  not otherwise appropriated. The funds designated for the

25  benefit of Taylor Rosemond shall be used to pay statutory

26  fees, costs, and outstanding medical liens, and to pay for her

27  other immediate needs, and the remaining funds shall be placed

28  into a special need trust created for the use and benefit of

29  Taylor Rosemond. Any funds remaining in the special needs

30  trust at Taylor Rosemond's death, after payment of any

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 42
    24-18-03




  1  outstanding medical liens, shall revert to the Indian River

  2  School Board.

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

  4  law.

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