Bill Text: FL H1017 | 2010 | Regular Session | Introduced

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

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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-Introduced.html

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HB 1017

1	A bill to be entitled
2	An act for the relief of Edwidge Valmyr, as parent and
3	natural guardian of her son, Stanley Valmyr, a minor, and
4	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 registered her
13	son, Stanley Valmyr, who was 7 years of age, for a Fun Day camp
14	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 decided to
19	change the camp's activities from arts and crafts to a day at
20	the Thomas Sasso Pool located in the City of North Miami, and
21	WHEREAS, parents and counselors were not notified of the
22	change before the scheduled Fun Day, and
23	WHEREAS, on March 30, 2007, at approximately 8 a.m.,
24	Edwidge Valmyr took Stanley to the camp, and
25	WHEREAS, the campers, including Stanley, and the counselors
26	were not wearing bathing suits since they were not informed that
27	they were going to the pool that day, and
28	WHEREAS, the children who were taken to the pool were given
29	swim tests, and
30	WHEREAS, Stanley and many other children who were unable to
31	swim were sent to a more shallow area of the pool, and
32	WHEREAS, if the camp counselors had known that they were
33	bringing the children to the pool that day, they would have been
34	in the pool to observe and protect the children, and
35	WHEREAS, the City of North Miami had four lifeguards on
36	duty that day at the Thomas Sasso Pool, and
37	WHEREAS, while the children swam in the pool, three of
38	those four lifeguards were in the administrative office, rather
39	than observing the children, and
40	WHEREAS, one lifeguard was sitting in the lifeguard chair
41	furthest from the area where the children were swimming, and
42	WHEREAS, Stanley Valmyr drowned in the Thomas Sasso Pool on
43	March 30, 2007, and died on July 26, 2007, as a result of
44	injuries sustained from drowning, and
45	WHEREAS, the City of North Miami was negligent in its
46	actions, which directly resulted in the death of Stanley Valmyr,
47	and
48	WHEREAS, a tort claim was filed on behalf of Edwidge
49	Valmyr, as parent and natural guardian of her son, Stanley
50	Valmyr, a minor, and as personal representative of his estate,
51	case number 08-22810(13), in the Circuit Court for the Eleventh
52	Judicial Circuit, and
53	WHEREAS, the claim against the City of North Miami was
54	settled prior to trial, and
55	WHEREAS, the settlement agreement was approved by the
56	court, and
57	WHEREAS, the City of North Miami has agreed to pay $200,000
58	to Edwidge Valmyr, pursuant to the statutory limits of liability
59	set forth in s. 768.28, Florida Statutes, and
60	WHEREAS, the settlement agreement provides for the entry of
61	a consent judgment in the amount of $750,000 to be paid in eight
62	equal payments beginning on the date upon which this act becomes
63	a law, and each year thereafter, and
64	WHEREAS, the City of North Miami has agreed to pay 50
65	percent of the outstanding medical bills for Stanley Valmyr up
66	to $40,000, and
67	WHEREAS, the City of North Miami has agreed to cooperate
68	and support this act if the amount of compensation does not
69	exceed $790,000, NOW, THEREFORE,
70
71	Be It Enacted by the Legislature of the State of Florida:
72
73	Section 1. The facts stated in the preamble to this act
74	are found and declared to be true.
75	Section 2. The City of North Miami is authorized and
76	directed to appropriate from funds of the city not otherwise
77	appropriated and draw a warrant payable to Edwidge Valmyr, as
78	natural parent and guardian of her son, Stanley Valmyr, a minor,
79	and personal representative of his estate, in the sum of $93,750
80	to be paid in eight equal payments beginning on the date upon
81	which this act becomes a law, and each year thereafter, plus an
82	amount equivalent to 50 percent of the outstanding medical bills
83	for Stanley Valmyr not to exceed $40,000, as compensation for
84	the death of Stanley Valmyr due to the negligence of the City of
85	North Miami.
86	Section 3. The amount paid by the City of North Miami
87	pursuant to s. 768.28, Florida Statutes, and the amount awarded
88	under this act are intended to provide the sole compensation for
89	all present and future claims arising out of the factual
90	situation described in this act which resulted in the death of
91	Stanley Valmyr. The total amount paid for attorney's fees,
92	lobbying fees, costs, and other similar expenses relating to
93	this claim may not exceed 25 percent of the amount awarded under
94	this act.
95	Section 4. This act shall take effect upon becoming a law.

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