October 22, 2019
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_h1017__
HB 1017

1
A bill to be entitled
2An act for the relief of Edwidge Valmyr, as parent and
3natural guardian of her son, Stanley Valmyr, a minor, and
4as personal representative of the Estate of Stanley
5Valmyr, deceased, by the City of North Miami; providing
6for an appropriation to compensate her for the wrongful
7death of her son, Stanley Valmyr, as a result of the
8negligence of the City of North Miami; providing a
9limitation on the payment of fees and costs; providing an
10effective date.
11
12     WHEREAS, on March 28, 2007, Edwidge Valmyr registered her
13son, Stanley Valmyr, who was 7 years of age, for a Fun Day camp
14operated by the City of North Miami, and
15     WHEREAS, the Fun Day camp was supposed to consist of
16various arts and crafts activities at the community center, and
17     WHEREAS, before March 30, 2007, which was the day on which
18the Fun Day was scheduled, the City of North Miami decided to
19change the camp's activities from arts and crafts to a day at
20the Thomas Sasso Pool located in the City of North Miami, and
21     WHEREAS, parents and counselors were not notified of the
22change before the scheduled Fun Day, and
23     WHEREAS, on March 30, 2007, at approximately 8 a.m.,
24Edwidge Valmyr took Stanley to the camp, and
25     WHEREAS, the campers, including Stanley, and the counselors
26were not wearing bathing suits since they were not informed that
27they were going to the pool that day, and
28     WHEREAS, the children who were taken to the pool were given
29swim tests, and
30     WHEREAS, Stanley and many other children who were unable to
31swim were sent to a more shallow area of the pool, and
32     WHEREAS, if the camp counselors had known that they were
33bringing the children to the pool that day, they would have been
34in the pool to observe and protect the children, and
35     WHEREAS, the City of North Miami had four lifeguards on
36duty that day at the Thomas Sasso Pool, and
37     WHEREAS, while the children swam in the pool, three of
38those four lifeguards were in the administrative office, rather
39than observing the children, and
40     WHEREAS, one lifeguard was sitting in the lifeguard chair
41furthest from the area where the children were swimming, and
42     WHEREAS, Stanley Valmyr drowned in the Thomas Sasso Pool on
43March 30, 2007, and died on July 26, 2007, as a result of
44injuries sustained from drowning, and
45     WHEREAS, the City of North Miami was negligent in its
46actions, which directly resulted in the death of Stanley Valmyr,
47and
48     WHEREAS, a tort claim was filed on behalf of Edwidge
49Valmyr, as parent and natural guardian of her son, Stanley
50Valmyr, a minor, and as personal representative of his estate,
51case number 08-22810(13), in the Circuit Court for the Eleventh
52Judicial Circuit, and
53     WHEREAS, the claim against the City of North Miami was
54settled prior to trial, and
55     WHEREAS, the settlement agreement was approved by the
56court, and
57     WHEREAS, the City of North Miami has agreed to pay $200,000
58to Edwidge Valmyr, pursuant to the statutory limits of liability
59set forth in s. 768.28, Florida Statutes, and
60     WHEREAS, the settlement agreement provides for the entry of
61a consent judgment in the amount of $750,000 to be paid in eight
62equal payments beginning on the date upon which this act becomes
63a law, and each year thereafter, and
64     WHEREAS, the City of North Miami has agreed to pay 50
65percent of the outstanding medical bills for Stanley Valmyr up
66to $40,000, and
67     WHEREAS, the City of North Miami has agreed to cooperate
68and support this act if the amount of compensation does not
69exceed $790,000, NOW, THEREFORE,
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  The facts stated in the preamble to this act
74are found and declared to be true.
75     Section 2.  The City of North Miami is authorized and
76directed to appropriate from funds of the city not otherwise
77appropriated and draw a warrant payable to Edwidge Valmyr, as
78natural parent and guardian of her son, Stanley Valmyr, a minor,
79and personal representative of his estate, in the sum of $93,750
80to be paid in eight equal payments beginning on the date upon
81which this act becomes a law, and each year thereafter, plus an
82amount equivalent to 50 percent of the outstanding medical bills
83for Stanley Valmyr not to exceed $40,000, as compensation for
84the death of Stanley Valmyr due to the negligence of the City of
85North Miami.
86     Section 3.  The amount paid by the City of North Miami
87pursuant to s. 768.28, Florida Statutes, and the amount awarded
88under this act are intended to provide the sole compensation for
89all present and future claims arising out of the factual
90situation described in this act which resulted in the death of
91Stanley Valmyr. The total amount paid for attorney's fees,
92lobbying fees, costs, and other similar expenses relating to
93this claim may not exceed 25 percent of the amount awarded under
94this act.
95     Section 4.  This act shall take effect upon becoming a law.


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