Florida Senate - 2010                              (NP)    SB 46
       
       
       
       By Senator Peaden
       
       
       
       
       2-00199-10                                              201046__
    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,
    4         and as personal representative of the Estate of
    5         Stanley Valmyr, deceased, by the City of North Miami;
    6         providing for an appropriation to compensate her for
    7         the wrongful death of her son, Stanley Valmyr, as a
    8         result of the negligence of the City of North Miami;
    9         providing a limitation on the payment of fees and
   10         costs; providing an 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 are
   74  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.