Senate Bill sb0042c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                             CS for SB 42

    By the Committee on Education; and Senator Posey





    304-1144-03

  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, by and through her

  5         parents and natural guardians, Alvin and

  6         Shirley Rosemond, for injuries sustained due to

  7         the negligence of the Indian River County

  8         School Board; providing for the use of such

  9         funds; providing an effective date.

10  

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,

                                  1

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






    Florida Senate - 2003                             CS for SB 42
    304-1144-03




 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 not to oppose this claim bill, NOW, THEREFORE,

14  

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

16  

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 appropriate from funds of the

21  county not otherwise appropriated and to draw a warrant in the

22  amount of $60,000, payable after July 1, 2003, to Alvin and

23  Shirley Rosemond, as parents and natural guardians of Taylor

24  Rosemond, a minor, for injuries and damages sustained by

25  Taylor Rosemond due to the negligence of Indian River County.

26  Such funds are to be deposited into a guardianship account for

27  the exclusive use and benefit of Taylor Rosemond. The amount

28  payable pursuant to this section is inclusive of costs and

29  attorney's fees as limited by section 768.28(8), Florida

30  Statutes.

31  

                                  2

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






    Florida Senate - 2003                             CS for SB 42
    304-1144-03




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

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                          Senate Bill 42

 6                                 

 7  The CS made the following changes to SB 42:

 8  The Indian River School Board is directed to appropriate from
    funds not otherwise appropriated and to draw a warrant in the
 9  amount of $60,000, payable after July 1, 2003, to Alvin and
    Shirley Rosemond, as parents and natural guardians of Taylor
10  Rosemond, a minor, for injuries and damages sustained by
    Taylor Rosemond due to the negligence of Indian River County.
11  
    The funds are to be deposited into a guardianship account for
12  the exclusive use and benefit of Taylor Rosemond.

13  The amount payable under the claim bill is inclusive of
    attorney's fees and costs as limited by section 768.28,
14  Florida Statutes.

15  A reversion of funds to Indian River County is eliminated.

16  The title is amended to reflect that Indian River County does
    not oppose the claim bill.
17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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