Florida Senate - 2019 SB 1680
By Senator Book
32-00709C-19 20191680__
1 A bill to be entitled
2 An act relating to the Marjory Stoneman Douglas High
3 School Victim Family Compensation Fund Program;
4 creating s. 1010.882, F.S.; creating the Marjory
5 Stoneman Douglas High School Victim Family
6 Compensation Fund Program within the Department of
7 Education; defining terms; providing legislative
8 intent; requiring the department to accept and process
9 applications for certain payments; providing
10 requirements for such applications; requiring the
11 department to verify specified information before
12 approving an application; prohibiting the department
13 from paying an applicant until specified requirements
14 are satisfied; providing for disbursal of funds;
15 authorizing the department to adopt rules; providing
16 construction; providing a contingent effective date.
17
18 WHEREAS, on February 14, 2018, a mass shooting occurred in
19 the 1200 Building at Marjory Stoneman Douglas High School,
20 killing 17 people and injuring 17 others, and
21 WHEREAS, multiple failures at various levels of government
22 and private sector services tragically culminated in this mass
23 shooting and contributed to its magnitude, and
24 WHEREAS, these failures were both personal and systemic and
25 included deficiencies in the development and implementation of
26 strategies and concepts required in this modern age to provide a
27 safe and secure learning and working environment for the
28 students and staff of public schools across Florida, and
29 WHEREAS, among other things, the shooting was caused by
30 failures in mental and behavioral health services; on-campus
31 security measures such as identification, ingress and egress,
32 security personnel, communication, and surveillance systems; 911
33 and radio communication systems; training and equipping of law
34 enforcement for active assailant scenarios; command and control
35 strategies for active assailant scenarios; and information
36 sharing between law enforcement agencies, and
37 WHEREAS, the Legislature acknowledges that accountability
38 for the failures that caused the massacre of February 14, 2018,
39 is required to prevent a similar tragedy from occurring in the
40 future, and that a necessary component of such accountability is
41 compensation for the victims of this tragedy and their families,
42 and
43 WHEREAS, the victims of the shooting who were killed or
44 injured may assert or have already asserted claims against the
45 State of Florida, its agencies or subdivisions for damages
46 arising out of the shooting, and
47 WHEREAS, the Legislature recognizes that the victims or the
48 survivors of those killed in the Marjory Stoneman Douglas High
49 School shooting would be required to litigate such claims and
50 obtain a judgment or settlement before any entitlement to
51 recovery, and
52 WHEREAS, such claims would be subject to the limitations of
53 section 768.28, Florida Statutes, including the limitation
54 restricting liability for payment of claims or judgments, when
55 totaled together, to $300,000 per occurrence or incidence, and
56 subjecting claims or judgments above that amount to the approval
57 of the Legislature, and
58 WHEREAS, the Legislature is vested with the sole
59 constitutional authority to approve claims that exceed the
60 statutory waiver limits of sovereign immunity in section 768.28,
61 Florida Statutes, and the sole constitutional authority to
62 approve payment of claims, and
63 WHEREAS, it is the intent of the Legislature to provide an
64 alternative to litigation and the claim bill process which would
65 provide reasonable compensation for the victims killed or
66 injured in the Marjory Stoneman Douglas High School shooting, as
67 well as their survivors and family members, in exchange for a
68 voluntary release of this state, its agencies, and subdivisions,
69 as to claims arising out of the February 14, 2018, mass shooting
70 at Marjory Stoneman Douglas High School, NOW, THEREFORE,
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Section 1010.882, Florida Statutes, is created
75 to read:
76 1010.882 Marjory Stoneman Douglas High School Victim Family
77 Compensation Fund Program.—
78 (1) There is created within the department the Marjory
79 Stoneman Douglas High School Victim Family Compensation Fund
80 Program for the family members of victims of the shooting at
81 Marjory Stoneman Douglas High School on February 14, 2018.
82 (2) As used in this section, the term:
83 (a) “Claim” means all the causes of action that have been
84 or may be asserted by a victim and any claim of wrongful death,
85 loss of consortium, or any other claim for damages by a family
86 member of a victim arising out of the victim’s death or injury.
87 (b) “Department” means the Florida Department of Education.
88 (c) “Event” means the mass shooting that occurred at
89 Marjory Stoneman Douglas High School on February 14, 2018.
90 (d) “Marjory Stoneman Douglas High School” means the high
91 school located at 5901 Pine Island Road in the City of Parkland
92 located in Broward County.
93 (e) “Victim” means any individual who was killed during or
94 as a direct result of the event.
95 (3) It is the intent of the Legislature to provide a
96 streamlined process for the presentation of and payment of each
97 claim when the claimant agrees to forgo litigation and the claim
98 bill process and to release the state and its political
99 subdivisions from any and all claims arising out of the event.
100 (4) The department shall accept and process applications
101 for payment of claims pursuant to this section.
102 (5) Applications must be on forms approved by the
103 department and must include all of the following:
104 (a) The name of the victim.
105 (b) The names of all family members who have or may have
106 claims for wrongful death, loss of consortium, or any other
107 claim for damages arising out of the victim’s death or injury.
108 (c) A statement agreeing to forgo litigation or dismiss
109 pending litigation, to agree not to seek a claim bill from the
110 Legislature, and to execute the release described in subsection
111 (7) in exchange for payment of the claim as set forth in
112 subsection (8).
113 (d) The signature of all family members described in
114 paragraph (b), or for such persons who are younger than 18 years
115 of age, the signature of their parents or guardians.
116 (6) Before approving any application for payment, the
117 department shall verify all of the following:
118 (a) The identity of the victim.
119 (b) The victim’s entitlement to recovery under subsection
120 (8).
121 (c) The identity of each of the family members described in
122 paragraph (5)(b), and that all persons have been disclosed who
123 have or may have claims for damages arising out of the victim’s
124 death or injury.
125 (7) The department may not pay an applicant until the
126 person who may assert a claim on behalf of a victim and all
127 persons who may assert a claim arising out of the death of a
128 victim under this section, have signed an unqualified release of
129 all claims for the damages, costs, and expenses, including
130 attorney fees of any type, or relief of any other kind,
131 resulting from the event. The release must be on a form approved
132 by the department.
133 (8) Funds from the Marjory Stoneman Douglas High School
134 Victim Trust Fund pursuant to s. 1010.88 shall be disbursed in
135 accordance with this section. Any such funds must be disbursed
136 evenly among the family members of the victim.
137 (9) The department may adopt rules to administer this
138 section.
139 (10) Payments made under this section are not subject to s.
140 744.387.
141 (11) This section provides the exclusive means of
142 compensation for families who opt to receive payments as
143 authorized pursuant to this section. No compensation under this
144 section is authorized for families who refuse to accept or fail
145 to comply with the terms of this section.
146 (12) Nothing in this section shall be deemed an admission
147 of fact or an admission of liability on the part of the state or
148 its political subdivisions.
149 (13) Notwithstanding the relief provided above the limits
150 of sovereign immunity provided in s. 768.28, the state and its
151 political subdivisions may not be deemed to have waived any
152 defense of sovereign immunity or to have increased the limits of
153 its liability as a result of passage of this act.
154 Section 2. This act shall take effect on the same date that
155 SB ___ or similar legislation takes effect, if such legislation
156 is adopted in the same legislative session or an extension
157 thereof and becomes a law.