HB 0833

1	A bill to be entitled
2	An act relating to the Indian River County School Board;
3	providing for the relief of Amanda Johnson, a minor, by
4	and through Virginia Johnson and Charles Johnson, her
5	parents and natural guardians; providing for an
6	appropriation to compensate her for injuries sustained due
7	to the negligence of the Indian River County School Board;
8	providing for the use of such funds; providing for
9	attorney's fees and costs; providing an effective date.
10
11	WHEREAS, on January 25, 1999, 7-year-old Amanda Johnson was
12	a passenger on a school bus owned by the Indian River County
13	School Board and operated by its employee, Deborah Colletti, and
14	WHEREAS, Deborah Colletti failed to stop at a stop sign
15	located at the intersection of 45th Street and 66th Avenue in
16	Indian River County, which failure caused the bus to collide
17	with a tractor-trailer traveling on 66th Avenue, resulting in
18	injuries to Amanda Johnson and 15 other children and the deaths
19	of two other persons, and
20	WHEREAS, Deborah Colletti was cited with failure to obey a
21	traffic-control device and failure to yield the right-of-way,
22	and
23	WHEREAS, Amanda Johnson sustained a comminuted fracture of
24	the left femoral shaft with significant displacement and
25	underwent closed reduction and external fixation of the left
26	femoral shaft to correct the injury, and
27	WHEREAS, Amanda Johnson was hospitalized for 11 days, was
28	transferred to a rehabilitation center where she remained as an
29	inpatient for an additional 7 days, and was discharged and
30	received home health services for 240 days, and
31	WHEREAS, on May 25, 1999, Amanda Johnson was again
32	hospitalized and, after a pre-operative diagnosis of
33	hypertrophic nonunion of the left femoral shaft, she
34	subsequently underwent a second surgery, receiving open-
35	compression plating of the left femoral hypertrophic nonunion,
36	with bone biopsy and culture, and
37	WHEREAS, Amanda Johnson, as a result of the injury, has a
38	left femoral overgrowth, resulting in a limb-length discrepancy
39	that had increased to 2.2 centimeters by February 5, 2002, and
40	WHEREAS, Amanda Johnson currently must use a 1/2-inch shoe
41	lift and may require future epiphysiodesis of the elongated left
42	femur, and
43	WHEREAS, Amanda Johnson is receiving continuing medical
44	care following the injury, and
45	WHEREAS, Amanda Johnson has incurred medical expenses
46	totaling $85,762.53, will require future orthopedic visits, and
47	may require future surgery, hospitalization, and physical
48	therapy, and
49	WHEREAS, as a result of a suit filed following the
50	collision, the Indian River County School Board admitted
51	liability for the collision, and, following mediation on
52	February 27, 2002, the parties agreed to a final settlement of
53	all claims in exchange for the payment of $287,500 to be paid in
54	four annual installments, and
55	WHEREAS, as part of the settlement, the Indian River County
56	School Board agreed that, following the submission and approval
57	of the settlement at a noticed school board meeting, the board
58	will not oppose Amanda Johnson in the submission of a claim bill
59	to the Legislature, NOW, THEREFORE,
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  The facts stated in the preamble to this act
64	are found and declared to be true.
65	Section 2.  The Indian River County School Board is
66	authorized and directed to appropriate from funds of the school
67	board not otherwise appropriated and to draw four annual
68	warrants in the amount of $71,875 each, for a total settlement
69	of $287,500, payable after July 1, 2004, to Virginia Johnson and
70	Charles Johnson, as parents and natural guardians of Amanda
71	Johnson, as compensation for injuries and damages sustained by
72	Amanda Johnson, minor child of Virginia Johnson and Charles
73	Johnson, due to the negligence of the Indian River County School
74	Board. Such funds are to be deposited into a restricted
75	guardianship account established for the exclusive use and
76	benefit of Amanda Johnson, and are inclusive of costs and
77	attorney's fees as limited by s. 768.28(8), Florida Statutes.
78	Section 3.  This act shall take effect upon becoming a law.

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