Bill Text: FL S0014 | 2025 | Regular Session | Introduced

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Bill Title: Relief of the Estate of Peniel Janvier by the City of Miami Beach

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-08-02 - Filed [S0014 Detail]

Download: Florida-2025-S0014-Introduced.html

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       Florida Senate - 2025                              (NP)    SB 14
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00080-25                                             202514__
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of Peniel Janvier
    3         by the City of Miami Beach; providing for an
    4         appropriation to compensate the Estate of Peniel
    5         Janvier for damages sustained as a result of the
    6         negligence of the City of Miami Beach; providing a
    7         limitation on the payment of compensation and attorney
    8         fees; providing an effective date.
    9  
   10         WHEREAS, on August 16, 2022, Peniel Janvier drowned after
   11  being pushed into the community pool at the Scott Rakow Youth
   12  Center in the City of Miami Beach, and
   13         WHEREAS, the lifeguards and personnel of the City of Miami
   14  Beach failed to observe and respond to Mr. Janvier being pushed
   15  into the community pool, and
   16         WHEREAS, the Estate of Peniel Janvier has alleged, through
   17  a lawsuit filed on March 22, 2023, that the negligence of the
   18  City of Miami Beach, through its lifeguards and personnel, was
   19  the proximate cause of the death of Mr. Janvier, and
   20         WHEREAS, Nicole Mathurin, Mr. Janvier’s mother, and
   21  Lucmanne Janvier, Mr. Janvier’s father, have suffered
   22  significant financial damages due to the loss of Peniel
   23  Janvier’s net income accumulation in the past and future, and
   24  extreme mental anguish and suffering as a result of the loss of
   25  their son, and
   26         WHEREAS, the Estate of Peniel Janvier and the City of Miami
   27  Beach reached a settlement in the amount of $2 million, and
   28         WHEREAS, pursuant to the settlement agreement between the
   29  parties, the plaintiff’s claim will be partially satisfied by
   30  the City of Miami Beach paying the amount of $300,000 to the
   31  Estate of Peniel Janvier, and
   32         WHEREAS, pursuant to the settlement, the claim shall be
   33  considered fully satisfied by the City of Miami Beach paying an
   34  additional $1.7 million to the Estate of Peniel Janvier, as
   35  authorized by the Florida Legislature through a claim bill, NOW,
   36  THEREFORE,
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. The facts stated in the preamble to this act are
   41  found and declared to be true.
   42         Section 2. The City of Miami Beach is authorized and
   43  directed to appropriate from funds not otherwise encumbered and
   44  to draw a warrant in the sum of $1.7 million payable to the
   45  Estate of Peniel Janvier as compensation for injuries and
   46  damages sustained.
   47         Section 3. The amount paid by the City of Miami Beach,
   48  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   49  under this act are intended to provide the sole compensation for
   50  all present and future claims arising out of the factual
   51  situation described in this act which resulted in the death of
   52  Peniel Janvier and damages to the Estate of Peniel Janvier. The
   53  total amount paid for attorney fees relating to this claim may
   54  not exceed 25 percent of the total amount awarded under this
   55  act.
   56         Section 4. This act shall take effect upon becoming a law.