Senate Bill sb0048e1

    CS for SB 48                                   First Engrossed



  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Claudia Kautz, mother of

  4         decedent Diana M. Kautz, and Jeffrey Kautz,

  5         father of the decedent, for injuries and

  6         damages sustained as a result of the negligence

  7         of an employee of the District School Board of

  8         Palm Beach County; providing for an

  9         appropriation; providing for attorney's fees

10         and costs; limiting fees and costs; providing

11         an effective date.

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13         WHEREAS, on November 11, 2004, Maria E. Abrahantes

14  negligently operated a school bus at the intersection of

15  Orange Boulevard and Hall Boulevard in Royal Palm Beach, Palm

16  Beach County, Florida, so that the school bus collided with

17  another vehicle and rolled over, causing serious injury to and

18  the subsequent death of passenger Diana M. Kautz, and

19         WHEREAS, at the time of the accident, Maria E.

20  Abrahantes was operating the school bus as an employee of the

21  District School Board of Palm Beach County in a southbound

22  direction on Hall Boulevard, and

23         WHEREAS, at its intersection with Orange Boulevard, a

24  stop sign was visible on Hall Boulevard and five sets of

25  "rumble strips" were in place on the southbound lane leading

26  up to the stop sign, and

27         WHEREAS, Maria E. Abrahantes negligently operated the

28  school bus by traveling over the rumble strips without

29  braking, thus running the stop sign and entering Orange

30  Boulevard, violating the right-of-way of east-west traffic and

31  causing the truck operated by Jeffrey Schwartz to hit the


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    CS for SB 48                                   First Engrossed



 1  school bus, which rolled over and caused serious injury to and

 2  the subsequent death of Diana M. Kautz, and

 3         WHEREAS, the school district has agreed to pay the

 4  claimants, Claudia and Jeffrey Kautz, parents of decedent

 5  Diana M. Kautz, the sum of $200,000, the maximum amount

 6  payable under the waiver of sovereign immunity provided under

 7  s. 768.28, Florida Statutes, and

 8         WHEREAS, the amount remaining under the claim for

 9  damages in the amount of $1.1 million is $900,000, a sum that

10  the District School Board of Palm Beach County has agreed to

11  pay, and

12         WHEREAS, the claimants received, from sources other

13  than the school district, a total of $65,000 related to the

14  claim, and

15         WHEREAS, the school district does not oppose the

16  passage of this act, NOW, THEREFORE,

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

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

21  act are found and declared to be true.

22         Section 2.  The District School Board of Palm Beach

23  County is authorized and directed to appropriate from funds of

24  the school board not otherwise appropriated and to draw a

25  warrant in the amount of $835,000 in favor of Claudia and

26  Jeffrey Kautz, parents of decedent Diana M. Kautz, as

27  compensation for injuries and damages sustained as a result of

28  the negligence of an employee of the District School Board of

29  Palm Beach County. The settlement shall be paid as a single,

30  one-time payment, and, after payment of costs and attorney's

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    CS for SB 48                                   First Engrossed



 1  fees as limited by s. 768.28(8), Florida Statutes, the

 2  remaining moneys shall be distributed as follows:

 3         (1)  Fifty percent shall be paid to Claudia Kautz,

 4  mother of decedent Diana M. Kautz; and

 5         (2)  Fifty percent shall be paid to Jeffrey Kautz,

 6  father of decedent Diana M. Kautz.

 7         Section 3.  The award is intended to provide the sole

 8  compensation for any and all present and future claims arising

 9  out of the factual situation in connection with the death of

10  Diana M. Kautz. Not more than 25 percent of the award may be

11  paid by the claimant for attorney's fees, lobbying fees,

12  costs, or other similar expenses.

13         Section 4.  This act shall take effect upon becoming a

14  law.

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