April 24, 2018
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       ENROLLED
       2010 Legislature                                    CS for SB 46
       
       
       
       
       
       
                                                               201046er
    1  
    2         An act for the relief of Edwidge Valmyr Gabriel, as
    3         parent and natural guardian of her son, Stanley
    4         Valmyr, a minor, and as personal representative of the
    5         Estate of Stanley Valmyr, deceased, by the City of
    6         North Miami; providing for an appropriation to
    7         compensate her for the wrongful death of her son,
    8         Stanley Valmyr, as a result of the negligence of the
    9         City of North Miami; providing a limitation on the
   10         payment of fees and costs; providing an effective
   11         date.
   12  
   13         WHEREAS, on March 28, 2007, Edwidge Valmyr Gabriel
   14  registered her son, Stanley Valmyr, who was 7 years of age, for
   15  a Fun Day camp operated by the City of North Miami, and
   16         WHEREAS, the Fun Day camp was supposed to consist of
   17  various arts and crafts activities at the community center, and
   18         WHEREAS, before March 30, 2007, which was the day on which
   19  the Fun Day was scheduled, the City of North Miami planned a day
   20  at the Thomas Sasso Pool located in the City of North Miami, and
   21         WHEREAS, on March 30, 2007, at approximately 8 a.m.,
   22  Edwidge Valmyr Gabriel took Stanley to the camp, and
   23         WHEREAS, the children who were taken to the pool were given
   24  swim tests, and
   25         WHEREAS, Stanley and many other children who were unable to
   26  swim were sent to a more shallow area of the pool, and
   27         WHEREAS, if the camp counselors had known that they were
   28  bringing the children to the pool that day, they would have been
   29  in the pool to observe and protect the children, and
   30         WHEREAS, the City of North Miami had four lifeguards on
   31  duty that day at the Thomas Sasso Pool, and
   32         WHEREAS, while the children swam in the pool, three of
   33  those four lifeguards were in the administrative office, rather
   34  than observing the children, and
   35         WHEREAS, one lifeguard was sitting in the lifeguard chair
   36  furthest from the area where the children were swimming, and
   37         WHEREAS, Stanley Valmyr drowned in the Thomas Sasso Pool on
   38  March 30, 2007, and died on July 26, 2007, as a result of
   39  injuries sustained from drowning, and
   40         WHEREAS, the City of North Miami was negligent in its
   41  actions, which directly resulted in the death of Stanley Valmyr,
   42  and
   43         WHEREAS, a tort claim was filed on behalf of Edwidge Valmyr
   44  Gabriel, as parent and natural guardian of her son, Stanley
   45  Valmyr, a minor, and as personal representative of his estate,
   46  case number 08-22810(13), in the Circuit Court for the Eleventh
   47  Judicial Circuit, and
   48         WHEREAS, the claim against the City of North Miami was
   49  settled prior to trial, and
   50         WHEREAS, the City of North Miami has agreed to pay $200,000
   51  to Edwidge Valmyr Gabriel, pursuant to the statutory limits of
   52  liability set forth in s. 768.28, Florida Statutes, and
   53         WHEREAS, the settlement agreement provides for the entry of
   54  a consent judgment in the amount of $750,000 to be paid in eight
   55  equal payments beginning on the first anniversary of the passage
   56  of this claims bill, and each year thereafter, and
   57         WHEREAS, the City of North Miami has agreed to pay 50
   58  percent of the negotiated medical lien asserted by Jackson
   59  Memorial Hospital, up to $40,000, and
   60         WHEREAS, the amount of the medical lien asserted by
   61  Medicare is resolved, and
   62         WHEREAS, the total amount of the medical lien is
   63  $134,007.61, and
   64         WHEREAS, Medicare has agreed to installments until the lien
   65  is satisfied, and
   66         WHEREAS, the prior attorneys for Edwidge Valmyr Gabriel
   67  asserted a charging lien, the charging liens has been satisfied,
   68  and the total amount of attorney’s fees to be paid by Edwidge
   69  Valmyr Gabriel will not exceed 25 percent of the recovery, and
   70         WHEREAS, pursuant to the settlement, the City of North
   71  Miami agrees that the passage of this act is appropriate and
   72  agrees to pay in accordance with this act, NOW, THEREFORE,
   73  
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. The facts stated in the preamble to this act are
   77  found and declared to be true.
   78         Section 2. The City of North Miami is authorized and
   79  directed to appropriate from funds of the city not otherwise
   80  appropriated and draw a warrant payable to Edwidge Valmyr
   81  Gabriel, as natural parent and guardian of her son, Stanley
   82  Valmyr, a minor, and personal representative of his estate, in
   83  the sum of $750,000 to be paid in eight equal payments of
   84  $93,750, beginning on the first anniversary of the passage of
   85  this claim bill and each year thereafter, plus an additional
   86  $4,185.50 to be included in the first warrant as payment for 50
   87  percent of the negotiated medical lien asserted by Jackson
   88  Memorial Hospital, as compensation for the death of Stanley
   89  Valmyr due to the negligence of the City of North Miami.
   90         Section 3. The amount paid by the City of North Miami
   91  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   92  under this act are intended to provide the sole compensation for
   93  all present and future claims arising out of the factual
   94  situation described in this act which resulted in the death of
   95  Stanley Valmyr. The total amount paid for attorney’s fees,
   96  lobbying fees, costs, and other similar expenses relating to
   97  this claim may not exceed 25 percent of the amount awarded under
   98  this act.
   99         Section 4. This act shall take effect upon becoming a law.

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