Senate Bill sb0020

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    Florida Senate - 2004        (NP)                        SB 20

    By Senator Posey





    24-10-04

  1                      A bill to be entitled

  2         An act relating to the Indian River County

  3         School Board; providing for the relief of Ryan

  4         Besancon, a minor, by and through his parents

  5         and natural guardians, Mark and Laurie

  6         Besancon, for injuries sustained due to the

  7         negligence of the Indian River County School

  8         Board; providing for the use of such funds;

  9         providing an effective date.

10  

11         WHEREAS, on January 25, 1999, 5-year-old Ryan Besancon

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

13  County School Board and operated by its employee, and

14         WHEREAS, the school bus driver failed to stop at a stop

15  sign located at the intersection of 45th Street and 66th

16  Avenue in Vero Beach, Florida, causing the bus to collide with

17  an eighteen-wheel tractor-trailer and resulting in serious and

18  life-threatening injuries to Ryan Besancon and numerous other

19  children on the school bus, as well as two deaths, and

20         WHEREAS, as the result of an extensive investigation by

21  state and federal officials, it was determined that the school

22  bus driver was solely responsible for the crash, and

23         WHEREAS, on January 26, 1999, Ryan's pediatrician noted

24  that Ryan's symptoms included two skull fractures, a complaint

25  of tilting of his head, apparent sixth-nerve palsy, and a

26  prominent right adrenal gland, and

27         WHEREAS, on November 3, 1999, Ryan Besancon presented

28  to Dr. Gary M. Weiss with symptoms that included almost daily

29  headaches, neck pain, significant pain in bilateral frontal

30  areas, nausea, dizziness, occasional blurred vision, loss of

31  

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    Florida Senate - 2004        (NP)                        SB 20
    24-10-04




 1  memory, a 10-percent hearing loss, and some decreased

 2  concentration, and

 3         WHEREAS, between December 8 and December 12, 1999, a

 4  psychologist tested Ryan's neuropsychological functioning and

 5  found that, although Ryan functioned intellectually in the

 6  average range, he was experiencing significantly impaired

 7  short-term memory functioning, in both verbal and visual

 8  memory; he exhibited deficits in the area of attention and

 9  concentration skills; he had significantly impaired

10  construction ability and perceptual processing, as well as

11  impaired short-term visual memory; he was experiencing a

12  significant level of psychopathology, consistent with a

13  diagnosis of Adjustment Disorder with Mixed Emotional

14  Features; and he had significant amounts of both depression

15  and anxiety, and

16         WHEREAS, the psychologist concluded that Ryan's

17  "impairments are directly related to his motor vehicle

18  accident," and

19         WHEREAS, a pediatric neurologist who examined him on

20  November 2, November 20, and November 27, 2001, found that a

21  motor exam revealed difficulty hopping on the right foot, that

22  rapid alternate movements were remarkable for mild synkinesia,

23  that there had been a base of skull fracture, and that Ryan

24  was sleep-deprived, and

25         WHEREAS, an EEG revealed a partial seizure disorder,

26  and Ryan has continued under the care of a neurologist, has

27  shown little change in his symptoms, and requires prescription

28  medication to control his brain seizure activity, and

29         WHEREAS, as a result of the injuries he sustained in

30  the accident, Ryan had to repeat 1 year of elementary school,

31  

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    Florida Senate - 2004        (NP)                        SB 20
    24-10-04




 1  has had great difficulty learning to read, and remains

 2  emotionally and intellectually disadvantaged, and

 3         WHEREAS, as the result of extensive mediation conducted

 4  in the fall of 2002, Mark and Laurie Besancon entered into a

 5  settlement agreement with the Indian River County School

 6  District, and

 7         WHEREAS, the terms of the settlement provided for

 8  payment of the sum of $70,000 as compensation for Ryan's

 9  injuries, upon the passage of a claim bill authorizing such a

10  payment, which is a necessary prerequisite to the school

11  board's compensating Ryan because the maximum payments allowed

12  under section 768.28, Florida Statutes, have already been made

13  to other parties injured in the same accident, and

14         WHEREAS, the attorneys representing the Besancons have

15  waived all attorney's fees in order that a greater portion of

16  the settlement funds might benefit Ryan, NOW, THEREFORE,

17  

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

19  

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

21  act are found and declared to be true.

22         Section 2.  The Indian River County School Board is

23  authorized and directed to appropriate from funds of the

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

25  amount of $70,000, payable after July 1, 2003, to Mark and

26  Laurie Besancon, as parents and natural guardians of Ryan

27  Besancon, a minor, for injuries and damages sustained by Ryan

28  Besancon due to the negligence of the Indian River County

29  School Board. Such funds are to be deposited into a

30  guardianship account for the exclusive use and benefit of Ryan

31  Besancon.

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    Florida Senate - 2004        (NP)                        SB 20
    24-10-04




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

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