HB 6017 — Relief/Marcus Button/Pasco County School Board

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB6017 CS/HB6017 2024 A bill to be entitled An act for the relief of Marcus Button by the Pasco County School Board;

providing an appropriation to compensate Marcus Button for harms and losses he sustained as a result of the negligence of antwo employeeemployees of the Pasco County School Board;

providing an appropriation to repay Mark Button,Button now deceased, and Robin Button, as theparents surviving parent and natural guardianguardians of Marcus Button, for harms and losses they sustained as a result of the injury to their child, Marcus Button;

Kinne, an employee of the Pasco County School Board,Board actingwho withinwas driving a 35-foot school bus owned by the coursePasco andCounty scopeSchool ofBoard, hispulled employment,out wasin front of her, and Page 1of 56 CODING:

hb6017-02-c2hb6017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB6017 2024CS/HB6017 driving2024 a 35-foot school bus owned by the Pasco County School Board, and pulled out in front of her, and WHEREAS, although Ms.

Juettner slammed on the brakes, her car's left front struck the bus between the wheels and continued under the bus which crushed the car's leftright front and roof, and WHEREAS, while Ms.

Joseph's Children's Hospital, where he spent three (3) weeks recovering, and then was transferred to Tampa General Hospital for rehabilitation for an additional six (6) weeks, and WHEREAS, Marcus Button sustained severe, widespread neurologic systems damage, had to relearn how to walk and currently cannot walk for any substantial length of time without pain, lost the use of his right eye, cannot look up or down with his left eye, and suffered facial fractures that twisted and left his face badly disfigured with one side of his face higher than the other, and WHEREAS, in addition, Marcus Button can no longer smell, has limited ability to taste, cannot feel textures, and, as thea operatorresult of athe schoolbrain bus,damage Mr.from the crash, has severe hallucinations unless he takes psychotropic medications daily, Page 2of 6 CODING:

Kinne had the duty to drive the bus in a safe manner and in accordance with Page 2of 5 CODING:

hb6017-02-c2hb6017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB6017 CS/HB6017 2024 Floridaand law, but he failedsees to do so, and WHEREAS,hears inthings 2007,that Marcusare Button'snot parents,there, Markhas Buttonspoken andwith Robina Button,British suedor the Pasco County School Board for the harms and losses caused by the negligence of its employee, and WHEREAS, during the subsequent trial, a pediatricSouthern rehabilitationaccent, doctorhas andno ashort-term neuropsychologistmemory, testifiedhas unopposedno that,ability because of thejudgment crash injuries, Marcus Button will require 24-hour care, counseling, interventions, medical care, and medications for the remainder of his lifesafety, to cope with his physical symptoms and tois controlparanoid, his psychotic and delusionalWHEREAS, behavior from the crash injuries, and that Marcus Button continuesreturned tofrom suffer crash-related memory loss, has trouble sleeping, and struggles to concentrate and stay on task, and WHEREAS, an expert economist who testified unopposed at trial estimated Marcus Button's future care will cost between $6,000,000.00 and $10,000,000.00 and his inability to work will result in the losshospital of between $365,000.00 and $570,000.00 in wagesNovember over2006, but his lifetime,mother, and WHEREAS, the trial court ordered the Pasco County School Board to pay final judgments of $1,380,967.39 to Marcus Button and $289,396.85 to Mark Button, now deceased, and Robin Button, andtestified, WHEREAS,"My theson Pascowho Countywoke Schoolup Board[in has paid $163,000 of the $200,000hospital] statutorywas limitnot applicable at the timesame theson claimI Pagegave 3ofbirth 5to. CODING:

He was, but he wasn't.

It was him, his skin, but it wasn't him in his skin.

Different kid.

The son I knew is gone.

He died on that day," and WHEREAS, as the operator of a school bus, Mr.

Kinne had the duty to drive the bus in a safe manner and in accordance with Florida law, but failed to do so, and the "relief" driver had a job duty to help Mr.

Kinne, but failed to do so, and WHEREAS, Mr.

Kinne was later cited by the Florida Highway Patrol trooper for failing to yield the right-of-way to Ms.

Juettner's car, and WHEREAS, in 2007, Marcus Button's parents, Mark Button and Robin Button, sued the Pasco County School Board for the harms and losses caused by its negligence, and, during the subsequent trial, a pediatric rehabilitation doctor and a neuropsychologist testified unopposed that, because of the crash injuries, Marcus Button will require 24-hour care, counseling, interventions, medical care, and medications for the remainder of his life to cope with his physical symptoms and to control his psychotic and delusional behavior from the crash injuries, and that Marcus Page 3of 6 CODING:

hb6017-02-c2hb6017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB6017 CS/HB6017 2024 Button continues to suffer crash-related memory loss, has trouble sleeping, and struggles to concentrate and stay on task, and WHEREAS, an expert economist who testified unopposed at trial estimated Marcus Button's future care will cost between $6,000,000.00 and $10,000,000.00 and his inability to work will result in the loss of between $365,000.00 and $570,000.00 in wages over his lifetime, and WHEREAS, the trial court ordered the Pasco County School Board to pay final judgments of $1,380,967.39 to Marcus Button and $289,396.85 to Mark Button and Robin Button, and WHEREAS, the Pasco County School Board has paid $163,000 of the $200,000 statutory limit applicable at the time the claim arose pursuant to s.

768.28, Florida Statutes 2009, to Marcus Button and to Mark Button,Button now deceased, and Robin Button, as theparents surviving parent and natural guardianguardians of Marcus Button, as partial compensation for the harms and losses caused by the crash, and WHEREAS, since the judgmentspro wererata entered,share theof Pasco County School Board did not appeal these judgments, and the partiesstatutory havelimit agreedpursuant to as. total settlement in the amount of $1,200,00.00 to forever and completely relieve the Pasco County School Board of any and all further responsibility regarding the crash that occurred on September 22, 2006, NOW, THEREFORE, 88 Be It Enacted by the Legislature of the State of Florida:

90768.28, SectionFlorida 1.Statutes, paid to Marcus Button is $134,752.10, but the balance of $1,246,215.29 remains unpaid, and WHEREAS, the pro rata share of the statutory limit pursuant to s.

768.28, Florida Statutes, paid to Mark Button and Robin Button is $28,247.90, but the balance of $261,148.95 remains unpaid, and Page 4of 6 CODING:

Words strickenare deletions;

words underlined are additions.

hb6017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  CS/HB6017 2024 WHEREAS, since the judgments were entered, the Pasco County School Board did not appeal these judgments, has opposed bills ordering payment of any amounts ordered by the judge, has refused to negotiate or participate in any discussions until the 2024 Regular Session, and has not taken steps to pay any part of these 13-year-old judgments entered by the judge after a full trial, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida:

Section 1.

The Pasco County School Board is authorized and directed to appropriate from funds of the school board not otherwise encumbered and to draw a warrant in the sum of $1,000,000.00$1,246,215.29 made payable to a trust for the sole and exclusive benefit of Marcus Button as compensation for harms and losses he sustained due to the negligence of anemployees employee of the Pasco County School Board.

The Pasco County School Board is authorized and directed to appropriate from funds of the school board not otherwise encumbered and to draw a warrant in the sum of $261,148.95 made payable to Mark Button and Robin Button, as parents and natural guardians of Marcus Button, as compensation for harms and losses sustained by them for injuries to Marcus Button in the September 22, 2006, crash which was due to the Page 4of5of 56 CODING:

hb6017-02-c2hb6017-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB6017 CS/HB6017 2024 $200,000.00 made payable to Robin Button, as the surviving parent and natural guardian of Marcus Button, as compensation for harms and losses sustained by her and Mark Button, now deceased, for injuries to Marcus Button due to the negligence of anemployees employee of the Pasco County School Board.

768.28, Florida Statutes 2009, and the amounts awarded under this act are intended to provide the sole compensation for all past,present present, and future claims arising out of the crash that occurred on September 22, 2006, and the factual situation described in this act which resulted in injuries sustained by Marcus Button and his parents, Mark Button,Button now deceased, and Robin Button.

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