Senate Bill sb0044c1

    Florida Senate - 2003                             CS for SB 44

    By the Committee on Education; and Senator Posey





    304-1143-03

  1                      A bill to be entitled

  2         An act relating to Indian River County;

  3         providing for the relief of Clay Haywood, a

  4         minor, and Tatiana Haywood, a minor, by and

  5         through Michelle O'Halloran, mother and natural

  6         guardian of Clay Haywood and Tatiana Haywood,

  7         for injuries sustained due to the negligence of

  8         an Indian River County school bus driver;

  9         providing for the use of such funds; providing

10         an effective date.

11  

12         WHEREAS, on January 25, 1999, Clay Haywood and Tatiana

13  Haywood were passengers in a school bus owned by the Indian

14  River County School Board and operated by an employee of the

15  school board when the school bus failed to stop for a stop

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

17  Vero Beach and collided with a tractor-trailer truck, and

18         WHEREAS, as a result of the collision, 11-year-old Clay

19  Haywood sustained numerous severe traumatic injuries requiring

20  multiple surgeries and was unable to attend school or engage

21  in any normal daily activities for many months, and

22         WHEREAS, as a result of the injuries he suffered in the

23  collision, Clay has incurred medical expenses totaling

24  $88,867.47 and will incur medical expenses in the future,

25  including $3,300 in dental expenses, and

26         WHEREAS, as a result of the collision, 9-year-old

27  Tatiana Haywood sustained multiple facial lacerations,

28  multiple extremity lacerations, and multiple contusions about

29  the body which will require revision surgery when she has

30  completed the majority of her growth, and

31  

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






    Florida Senate - 2003                             CS for SB 44
    304-1143-03




 1         WHEREAS, as a result of the injuries she suffered in

 2  the collision, Tatiana has been left with permanent scarring,

 3  has incurred medical expenses totaling $3,225.75, and will

 4  incur medical expenses in the future, and

 5         WHEREAS, the Indian River County School Board admitted

 6  liability for the collision and has agreed to a court-ordered

 7  mediation settlement of all claims of Clay Haywood and Tatiana

 8  Haywood in the amount of $225,000, payable by the school board

 9  in 3 annual installments of $75,000, NOW, THEREFORE,

10  

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

12  

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

14  act are found and declared to be true.

15         Section 2.  The Indian River County School Board is

16  authorized and directed to appropriate from funds of the

17  county not otherwise appropriated and to draw three annual

18  warrants in the amount of $75,000 each, for a total settlement

19  of $225,000, payable after July 1, 2003, to Michelle

20  O'Halloran, as plenary guardian of Clay Haywood and Tatiana

21  Haywood, as compensation for injuries and damages sustained by

22  Clay Haywood and Tatiana Haywood due to the negligence of

23  Indian River County. The three annual installments shall be

24  applied as follows:

25         (1)  Twenty-five thousand dollars of the first

26  installment for the benefit of Tatiana Haywood, as the minor

27  child of Michelle O'Halloran, plenary guardian of Tatiana

28  Haywood, to be placed in a restricted guardianship account for

29  the exclusive use and benefit of Tatiana Haywood; and

30         (2)  The remaining $50,000 of the first installment and

31  the entirety of the last two installments for the benefit of

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






    Florida Senate - 2003                             CS for SB 44
    304-1143-03




 1  Clay Haywood, as the minor child of Michelle O'Halloran,

 2  plenary guardian of Clay Haywood, to be placed in a restricted

 3  guardianship account for the exclusive use and benefit of Clay

 4  Haywood.

 5  

 6  The amount appropriated pursuant to this section is inclusive

 7  of costs and attorney's fees as limited by section 768.28(8),

 8  Florida Statutes.

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

10  law.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                          Senate Bill 44

14                                 

15  The CS made the following changes to SB 44:

16  The claim bill amount is payable after July 1, 2003, to
    Michelle O'Halloran, as plenary guardian of Clay Haywood and
17  Tatiana Haywood.

18  The three annual installments shall be applied as follows:

19  Twenty-five thousand dollars of the first installment for the
    benefit of Tatiana Haywood, as the minor child of Michelle
20  O'Halloran, plenary guardian of Tatiana Haywood, to be placed
    in a restricted guardianship account for the exclusive use and
21  benefit of Tatiana Haywood; and

22  The remaining $50,000 of the first installment and the
    entirety fo the last two installments for the benefit of Clay
23  Haywood, as the minor child of Michelle O'Halloran, plenary
    guardian of Clay Haywood, to be placed in a restricted
24  guardianship account for the exclusive use and benefit of Clay
    Haywood.
25  
    The amount appropriated pursuant to the claim bill is
26  inclusive of costs and attorney's fees as limited by section
    768.28(8), Florida Statutes.
27  
    The title is amended to reflect compensation to the parties
28  and the relationship between the parties.

29  

30  

31  

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