Bill Text: FL H1017 | 2010 | Regular Session | Comm Sub

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Bill Title: Relief/Edwidge Valymr Gabriel/City of North Miami

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/SB 46; Laid on Table, companion bill(s) passed, see CS/SB 46 (Ch. 2010-237) -HJ 01174 [H1017 Detail]

Download: Florida-2010-H1017-Comm_Sub.html

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CS/HB 1017

1	A bill to be entitled
2	An act for the relief of Edwidge Valmyr Gabriel, as parent
3	and natural guardian of her son, Stanley Valmyr, a minor,
4	and as personal representative of the Estate of Stanley
5	Valmyr, deceased, by the City of North Miami; providing
6	for an appropriation to compensate her for the wrongful
7	death of her son, Stanley Valmyr, as a result of the
8	negligence of the City of North Miami; providing a
9	limitation on the payment of fees and costs; providing an
10	effective date.
11
12	WHEREAS, on March 28, 2007, Edwidge Valmyr Gabriel
13	registered her son, Stanley Valmyr, who was 7 years of age, for
14	a Fun Day camp operated by the City of North Miami, and
15	WHEREAS, the Fun Day camp was supposed to consist of
16	various arts and crafts activities at the community center, and
17	WHEREAS, before March 30, 2007, which was the day on which
18	the Fun Day was scheduled, the City of North Miami planned a day
19	at the Thomas Sasso Pool located in the City of North Miami, and
20	WHEREAS, on March 30, 2007, at approximately 8 a.m.,
21	Edwidge Valmyr Gabriel took Stanley to the camp, and
22	WHEREAS, the children who were taken to the pool were given
23	swim tests, and
24	WHEREAS, Stanley and many other children who were unable to
25	swim were sent to a more shallow area of the pool, and
26	WHEREAS, if the camp counselors had known that they were
27	bringing the children to the pool that day, they would have been
28	in the pool to observe and protect the children, and
29	WHEREAS, the City of North Miami had four lifeguards on
30	duty that day at the Thomas Sasso Pool, and
31	WHEREAS, while the children swam in the pool, three of
32	those four lifeguards were in the administrative office, rather
33	than observing the children, and
34	WHEREAS, one lifeguard was sitting in the lifeguard chair
35	furthest from the area where the children were swimming, and
36	WHEREAS, Stanley Valmyr drowned in the Thomas Sasso Pool on
37	March 30, 2007, and died on July 26, 2007, as a result of
38	injuries sustained from drowning, and
39	WHEREAS, the City of North Miami was negligent in its
40	actions, which directly resulted in the death of Stanley Valmyr,
41	and
42	WHEREAS, a tort claim was filed on behalf of Edwidge Valmyr
43	Gabriel, as parent and natural guardian of her son, Stanley
44	Valmyr, a minor, and as personal representative of his estate,
45	case number 08-22810(13), in the Circuit Court for the Eleventh
46	Judicial Circuit, and
47	WHEREAS, the claim against the City of North Miami was
48	settled prior to trial, and
49	WHEREAS, the City of North Miami has agreed to pay $200,000
50	to Edwidge Valmyr Gabriel, pursuant to the statutory limits of
51	liability set forth in s. 768.28, Florida Statutes, and
52	WHEREAS, the settlement agreement provides for the entry of
53	a consent judgment in the amount of $750,000 to be paid in eight
54	equal payments beginning on the first anniversary of the passage
55	of this claims bill, and each year thereafter, and
56	WHEREAS, the City of North Miami has agreed to pay 50
57	percent of the negotiated medical lien asserted by Jackson
58	Memorial Hospital, up to $40,000, and
59	WHEREAS, the amount of the medical lien asserted by
60	Medicare is resolved, and
61	WHEREAS, the total amount of the medical lien is
62	$134,007.61, and
63	WHEREAS, Medicare has agreed to installments until the lien
64	is satisfied, and
65	WHEREAS, the prior attorneys for Edwidge Valmyr Gabriel
66	asserted a charging lien, the charging lien has been satisfied,
67	and the total amount of attorney's fees to be paid by Edwidge
68	Valmyr Gabriel will not exceed 25 percent of the recovery, and
69	WHEREAS, pursuant to the settlement, the City of North
70	Miami agrees that the passage of this act is appropriate and
71	agrees to pay in accordance with this act, NOW, THEREFORE,
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1. The facts stated in the preamble to this act
76	are found and declared to be true.
77	Section 2. The City of North Miami is authorized and
78	directed to appropriate from funds of the city not otherwise
79	appropriated and draw a warrant payable to Edwidge Valmyr
80	Gabriel, as natural parent and guardian of her son, Stanley
81	Valmyr, a minor, and personal representative of his estate, in
82	the sum of $750,000 to be paid in eight equal payments of
83	$93,750, beginning on the first anniversary of the passage of
84	this claim bill and each year thereafter, plus an additional
85	$4,185.50 to be included in the first warrant as payment for 50
86	percent of the negotiated medical lien asserted by Jackson
87	Memorial Hospital, as compensation for the death of Stanley
88	Valmyr due to the negligence of the City of North Miami.
89	Section 3. The amount paid by the City of North Miami
90	pursuant to s. 768.28, Florida Statutes, and the amount awarded
91	under this act are intended to provide the sole compensation for
92	all present and future claims arising out of the factual
93	situation described in this act which resulted in the death of
94	Stanley Valmyr. The total amount paid for attorney's fees,
95	lobbying fees, costs, and other similar expenses relating to
96	this claim may not exceed 25 percent of the amount awarded under
97	this act.
98	Section 4. This act shall take effect upon becoming a law.

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