Bill Text: FL S0014 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relief of Lillian Beauchamp by the St. Lucie County School Board

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 6529 (Ch. 2017-227) [S0014 Detail]

Download: Florida-2017-S0014-Introduced.html

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       Florida Senate - 2017                                      SB 14
       
       
        
       By Senator Artiles
       
       40-00023-17                                             201714__
    1                        A bill to be entitled                      
    2         An act for the relief of Lillian Beauchamp, as the
    3         personal representative of the estate of Aaron
    4         Beauchamp, by the St. Lucie County School Board;
    5         providing for an appropriation to compensate the
    6         estate of Aaron Beauchamp for his wrongful death as a
    7         result of the negligence of the St. Lucie County
    8         School District; providing a limitation on the payment
    9         of compensation, fees, and costs; providing an
   10         effective date.
   11  
   12         WHEREAS, on the afternoon of March 26, 2012, 9-year-old
   13  Aaron Beauchamp boarded a school bus driven by St. Lucie County
   14  School District employee, Albert Hazen, and
   15         WHEREAS, shortly before Mr. Hazen reported to work that
   16  afternoon, the district assigned him an additional bus route
   17  that was unfamiliar to him, and
   18         WHEREAS, at approximately 3:45 p.m., Mr. Hazen was driving
   19  the school bus along the unfamiliar route, headed west on
   20  Okeechobee Road with approximately 30 elementary school students
   21  on board, and
   22         WHEREAS, Mr. Hazen’s first stop that afternoon was at the
   23  St. Lucie County Fairgrounds, which he planned to reach by
   24  making a left turn from Okeechobee Road onto Midway Road, and
   25         WHEREAS, the school bus driven by Mr. Hazen was equipped
   26  with a district-installed surveillance camera which captured the
   27  events of that afternoon, and
   28         WHEREAS, as Mr. Hazen approached the intersection of
   29  Okeechobee Road and Midway Road and activated his left turn
   30  signal, the weather was clear and there were no visual
   31  obstructions in the roadway, and
   32         WHEREAS, Mr. Hazen turned onto Midway Road without stopping
   33  at the intersection, travelling directly into the path of an
   34  oncoming, fully-loaded tractor trailer, and
   35         WHEREAS, Mr. Hazen operated the school bus in a negligent
   36  manner and the district, through the negligent action of its
   37  employee, Mr. Hazen, breached a duty of care to Aaron Beauchamp,
   38  and
   39         WHEREAS, the tractor trailer violently slammed into the
   40  rear passenger side of the school bus, propelling it into the
   41  air and spinning it around, and
   42         WHEREAS, the impact of the crash inflicted numerous
   43  catastrophic injuries upon the students, and first responders to
   44  the accident had to follow procedures for a mass casualty event,
   45  and
   46         WHEREAS, Aaron Beauchamp was sitting in the back of the
   47  school bus on the driver’s side and, despite the fact that he
   48  was wearing his seatbelt, was ejected from his seat into the
   49  interior of the bus, and
   50         WHEREAS, Aaron Beauchamp suffered massive injuries to his
   51  spine and brain and died at the scene of the crash, and
   52         WHEREAS, Aaron Beauchamp is survived by his mother, Lillian
   53  Beauchamp, a school principal and long-time district employee,
   54  his father, Simon Beauchamp, and an older brother, Benjamin
   55  Beauchamp, and
   56         WHEREAS, Lillian Beauchamp, as the personal representative
   57  of the estate of Aaron Beauchamp, filed a wrongful death lawsuit
   58  against the district in the case of Lillian Beauchamp, as
   59  Personal Representative of the Estate of Aaron Beauchamp, a
   60  deceased Child v. The St. Lucie County School District, which
   61  was assigned case number 2013CA000569, and
   62         WHEREAS, on September 8, 2015, a jury returned a unanimous
   63  verdict awarding $10 million to Lillian Beauchamp, as the
   64  personal representative of the estate of Aaron Beauchamp,
   65  finding that the district was 87 percent at fault for the
   66  accident, and
   67         WHEREAS, on November 2, 2015, the judge in the case entered
   68  a final judgment against the district for $8.7 million, which
   69  the district did not appeal, and
   70         WHEREAS, in accordance with s. 768.28, Florida Statutes,
   71  the district paid the statutory limit of $300,000 to other
   72  children who were injured in the same incident that resulted in
   73  the wrongful death of Aaron Beauchamp, and
   74         WHEREAS, the full amount of the judgment against the
   75  district for the wrongful death of Aaron Beauchamp remains
   76  unpaid, and
   77         WHEREAS, the district and Lillian Beauchamp, as the
   78  personal representative of the estate of Aaron Beauchamp, have
   79  not reached a settlement regarding this claim, and the district
   80  contests the bill, NOW, THEREFORE,
   81  
   82  Be It Enacted by the Legislature of the State of Florida:
   83  
   84         Section 1. The facts stated in the preamble to this act are
   85  found and declared to be true.
   86         Section 2. The St. Lucie County School Board is authorized
   87  and directed to appropriate from its funds not otherwise
   88  encumbered and to draw a warrant in the amount of $8.7 million
   89  payable to Lillian Beauchamp, as the personal representative of
   90  the estate of Aaron Beauchamp, as compensation for damages
   91  sustained in connection with his wrongful death.
   92         Section 3. The amount awarded under this act is intended to
   93  provide the sole compensation for all present and future claims
   94  arising out of the factual situation described in this act which
   95  resulted in the wrongful death of Aaron Beauchamp. The total
   96  amount paid for attorney fees, lobbying fees, costs, and similar
   97  expenses relating to this claim may not exceed 25 percent of the
   98  amount awarded under this act.
   99         Section 4. This act shall take effect upon becoming a law.