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A bill to be entitled

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An act for the relief of Ashraf Kamel and Marguerite

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Dimitri by the Palm Beach County School Board; providing

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for an appropriation to compensate Ashraf Kamel and

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Marguerite Dimitri for the wrongful death of their minor

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child, Jean A. Pierre Kamel, as a result of the negligence

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of the Palm Beach County School Board; providing a

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limitation on the payment of fees and costs; providing an

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effective date.

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     WHEREAS, Jean A. Pierre Kamel, age 13, was killed on January

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27, 1997, when he was shot by 14-year-old Tronneal Mangum in

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front of Conniston Middle School, a Palm Beach County public

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school, and

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     WHEREAS, Jean A. Pierre Kamel's surviving father, Ashraf

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Kamel, brought a wrongful-death action against the Palm Beach

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County School Board, seeking damages for Marguerite Dimitri,

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Jean's mother, and himself for their anguish and mental pain and

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suffering due to the tragic death of their minor son, and

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     WHEREAS, before the shooting occurred, Tronneal Mangum and

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Jean Kamel, both of whom were students at Conniston, had a prior

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confrontation, namely Mangum's kicking Jean Kamel in his

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prosthetic leg, and

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     WHEREAS, Jean Kamel and Tronneal Mangum met with a guidance

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counselor and told the counselor that Mangum had a watch that

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belonged to Jean Kamel, and

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     WHEREAS, Jean Kamel told an agent or employee of the school

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board that "Tronneal is out to get me" just days before he was

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shot and killed, and

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     WHEREAS, on the day of the shooting, Tronneal Mangum

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traveled to Conniston Middle School on the school bus with a

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loaded firearm and entered school property carrying the weapon,

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and

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     WHEREAS, the Palm Beach County School Board was on notice

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that students had brought firearms to Conniston Middle School on

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previous occasions, and

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     WHEREAS, on February 8, 2002, a Palm Beach County jury found

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that the Palm Beach County School Board was negligent and 80-

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percent liable for the death of Jean Kamel, and that Jean Kamel

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was 20-percent comparatively negligent for his own death, and

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     WHEREAS, the same jury determined that the amount of damages

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of Ashraf Kamel and Marguerite Dimitri for their anguish and

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mental pain and suffering as a result of the negligence of the

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Palm Beach County School Board was $2 million, and

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     WHEREAS, on February 22, 2002, the circuit court reduced the

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jury verdict to final judgment in the sum of $1,602,400, based on

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the offset for 20-percent comparative negligence, and

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     WHEREAS, on May 14, 2002, the circuit court entered a cost

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judgment in favor of Ashraf Kamel in the amount of $13,490, and

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     WHEREAS, the Palm Beach County School Board appealed the

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final judgment, and the Fourth District Court of Appeal rejected

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the appeal in a per curiam affirmed opinion issued on February

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12, 2003, and

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     WHEREAS, on February 27, 2003, the Palm Beach County School

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Board filed a Motion for Rehearing and Certification of Issues of

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Great Public Importance, which was denied by the Fourth District

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Court of Appeal on March 20, 2003, and

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     WHEREAS, on April 17, 2003, the Palm Beach County School

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Board tendered to Ashraf Kamel, as personal representative of the

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Estate of Jean A. Pierre Kamel, a payment of $200,000, in

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accordance with the statutory limits of liability set forth in s.

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768.28, Florida Statutes, and

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     WHEREAS, Ashraf Kamel and Marguerite Dimitri and the Palm

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Beach County School Board agreed to settle the claim for a total

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of $560,000, and

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     WHEREAS, Ashraf Kamel, as personal representative of the

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Estate of Jean A. Pierre Kamel, seeks satisfaction of the

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$360,000 balance of the settlement agreement, NOW, THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. The Palm Beach County School Board is authorized

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and directed to appropriate from funds of the school board not

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otherwise encumbered and to draw a warrant payable to Ashraf

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Kamel, as personal representative of the Estate of Jean A. Pierre

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Kamel, for the total amount of $180,000, to compensate Ashraf

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Kamel for injuries and damages sustained due to the death of Jean

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A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite

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Dimitri, as a result of the negligence of the school board.

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     Section 3. The Palm Beach County School Board is authorized

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and directed to appropriate from funds of the school board not

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otherwise encumbered and to draw a warrant payable to Marguerite

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Dimitri for the amount of $180,000, to compensate Marguerite

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Dimitri for injuries and damages sustained due to the death of

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Jean A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite

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Dimitri, as a result of the negligence of the school board.

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     Section 4. The amounts awarded in this act are intended to

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provide the sole compensation for all present and future claims

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arising out of the factual situation described in this act which

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resulted in the death of Jean A. Pierre Kamel. The total amount

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paid for attorney's fees, lobbying fees, costs, and other similar

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expenses relating to this claim may not exceed 25 percent of the

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total amounts awarded under this act.

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     Section 5.  This act shall take effect upon becoming a law.