Senate Bill sb0046

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 46

    By Senator Campbell





    23-37-03

  1                      A bill to be entitled

  2         An act relating to the Sarasota County School

  3         Board; providing for the relief of Denise

  4         Yahraus individually and as the personal

  5         representative of the estate of Michael

  6         Yahraus, deceased; authorizing and directing

  7         the school board of Sarasota County, Florida,

  8         to compensate the estate for the death of

  9         Michael Yahraus, due to the negligence of the

10         Sarasota County School Board; providing an

11         effective date.

12  

13         WHEREAS, on September 11, 2000, Michael Yahraus was

14  fatally injured in performance of his official duties while

15  attending the Criminal Justice Academy at the Sarasota County

16  Technical Institute, and

17         WHEREAS, the Sarasota County Technical Institute is

18  operated by the Sarasota County School Board, and the Criminal

19  Justice Academy, which Michael Yahraus was attending when he

20  was fatally injured, is a program operated by the Sarasota

21  County School Board, and

22         WHEREAS, during the course of the training class,

23  instructors of the Sarasota County School Board Criminal

24  Justice Academy negligently used a training handgun by using a

25  blank rather than a primer charge, which caused the handgun to

26  improperly fire a projectile from the plugged gun, wounding

27  and ultimately resulting in the death of Michael Yahraus, and

28         WHEREAS, the actions taken by the instructors were

29  negligent and caused the death of Michael Yahraus, and

30         WHEREAS, Denise Yahraus, individually and on behalf of

31  the decedent's minor children and as personal representative

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






    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 46
    23-37-03




 1  of her husband's estate filed suit in Sarasota County against

 2  the Sarasota County School Board, and

 3         WHEREAS, the parties agreed to a settlement in the

 4  amount of $1,250,000 to be paid to the estate and its

 5  beneficiaries, and

 6         WHEREAS, the Circuit Court in Sarasota County entered a

 7  Final Judgment on January 14, 2002, in the amount of

 8  $1,250,000, specifically incorporating the settlement

 9  agreement therein, providing that the estate recover that

10  amount from the Sarasota County School Board, and

11         WHEREAS, Denise Yahraus has received $200,000 in

12  partial satisfaction of the agreed-upon settlement amount, and

13         WHEREAS, the Sarasota County School Board agreed not to

14  oppose the estate's efforts to secure a claim bill for payment

15  of the remaining portion of the stipulated final judgment, and

16         WHEREAS, the remaining unpaid amount of the judgment is

17  $1,050,000, NOW, THEREFORE,

18  

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

20  

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

22  act are found and declared to be true.

23         Section 2.  The Sarasota County School Board is

24  authorized and directed to compensate Denise Yahraus, as

25  personal representative of the Estate of Michael Yahraus, in

26  the total amount of $1,050,000, out of funds of the District

27  School Board of Sarasota County not otherwise appropriated.

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

29  law.

30  

31  

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