October 16, 2019
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_h1017c1
CS/HB 1017

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


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