Florida 2022 Regular Session

Florida House Bill H6513 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		
2		-	~~ENROLLED~~
3		-	CS/HB 6513, Engrossed 1 2022 ~~Legislature~~
	2	+
	3	+	CS/HB 6513, Engrossed 1 2022
4	4
5	5
6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb6513-~~03-er~~
	8	+	hb6513-02-e1
9	9		Page 1 of 4
10	10		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
11	11
12		-	1
	12	+	A bill to be entitled 1
13	13		An act for the relief of Kareem Hawari by the Osceola 2
14	14		County School Board; providing an appropriation to Mr. 3
15	15		Hawari to compensate him for injuries and damages 4
16	16		sustained as a result of the negligence of employees 5
17	17		of the Osceola County School Board; providing 6
18	18		limitations on the total amounts paid for certain 7
19	19		fees, costs, and expenses; providing an effective 8
20	20		date. 9
21	21		10
22	22		WHEREAS, on March 5, 2010, at approximately 6 p.m., 13-11
23	23		year-old Kareem Hawari was participating in a wrestling match 12
24	24		sponsored by Harmony Community School in the School District of 13
25	25		Osceola County, and 14
26	26		WHEREAS, the wrestling match was supervised by coaches 15
27	27		employed by the Osceola County School Board, each of whom had a 16
28	28		duty to adequately supervise student athletes participating in 17
29	29		school-sponsored athletic events by receiving proper training, 18
30	30		providing adequate instruction to student athletes, reasonably 19
31	31		selecting or matching student athletes to other s in their same 20
32	32		weight class for purposes of competition, and monitoring 21
33	33		athletic training and events, and 22
34	34		WHEREAS, Mr. Hawari's coach did not receive any formal 23
35	35		training and failed to provide Mr. Hawari with adequate 24
36	36		instruction before the match, and 25 
37		-	~~ENROLLED~~
38		-	CS/HB 6513, Engrossed 1 2022 ~~Legislature~~
	37	+
	38	+	CS/HB 6513, Engrossed 1 2022
39	39
40	40
41	41
42	42		CODING: Words stricken are deletions; words underlined are additions.
43		-	hb6513-~~03-er~~
	43	+	hb6513-02-e1
44	44		Page 2 of 4
45	45		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
46	46
47	47		WHEREAS, Mr. Hawari was matched with a student athlete who 26
48	48		was larger, stronger, and more experienced and who finished the 27
49	49		2010 and 2011 seasons as a county champion wrestler, and 28
50	50		WHEREAS, due to the negligent supervision of the coaches, 29
51	51		Mr. Hawari hit his head on the ground during the match and 30
52	52		suffered a brainstem hemorrhage that resulted in a traumatic 31
53	53		brain injury that affects his motor coordination and ability to 32
54	54		speak, and 33
55	55		WHEREAS, Mr. Hawari was hospitalized at Osceola Regional 34
56	56		Medical Center in Kiss immee on March 5, 2010, and was then 35
57	57		transported by helicopter to Arnold Palmer Hospital for Children 36
58	58		in Orlando, where he was admitted from March 6 to May 4, 2010, 37
59	59		and 38
60	60		WHEREAS, Mr. Hawari underwent surgery on March 8, 2010, to 39
61	61		relieve pressure on his bra in and had an additional surgery on 40
62	62		March 24, 2010, and 41
63	63		WHEREAS, Mr. Hawari was thereafter transferred to Brooks 42
64	64		Rehabilitation in Jacksonville, where he was a patient from May 43
65	65		4 to June 30, 2010, and 44
66	66		WHEREAS, Mr. Hawari received physical therapy at Flor ida 45
67	67		Hospital Sports Medicine and Rehabilitation in Altamonte Springs 46
68	68		on an outpatient basis from July 12 to October 1, 2014, and 47
69	69		WHEREAS, Mr. Hawari seeks to recover damages for his 48
70	70		injuries, which include a permanent injury to his body as a 49
71	71		whole, past and future pain and suffering of both a physical and 50 
72		-	~~ENROLLED~~
73		-	CS/HB 6513, Engrossed 1 2022 ~~Legislature~~
	72	+
	73	+	CS/HB 6513, Engrossed 1 2022
74	74
75	75
76	76
77	77		CODING: Words stricken are deletions; words underlined are additions.
78		-	hb6513-~~03-er~~
	78	+	hb6513-02-e1
79	79		Page 3 of 4
80	80		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
81	81
82	82		mental nature, disability, physical impairment, disfigurement, 51
83	83		mental anguish, inconvenience, expense of hospitalization, 52
84	84		medical and nursing care and treatment, loss of ability to earn 53
85	85		money, and loss of ability to lead and enjoy a normal life, and 54
86	86		WHEREAS, Mr. Hawari incurred medical expenses in the amount 55
87	87		of $708,309.92 and is permanently and totally disabled and 56
88	88		unable to engage in any employment, and 57
89	89		WHEREAS, Mr. Hawari lived a full and vigorous lif e before 58
90	90		his injury on March 5, 2010, had a zest for life, and was active 59
91	91		in recreational, social, and sporting activities, and 60
92	92		WHEREAS, Mr. Hawari requires continuous assistance with 61
93	93		activities of daily living and ongoing treatment for his 62
94	94		injuries, and 63
95	95		WHEREAS, Mr. Hawari filed a lawsuit against the Osceola 64
96	96		County School Board in the Circuit Court of the Ninth Judicial 65
97	97		Circuit, in and for Osceola County, alleging that the coaches in 66
98	98		their employ had negligently supervised the wrestling match, 67
99	99		causing his injuries, and 68
100	100		WHEREAS, after extensive discovery and pretrial 69
101	101		preparation, the parties reached a settlement agreement in the 70
102	102		amount of $3.6 million, of which $100,000 has been paid pursuant 71
103	103		to the limits of liability in former s. 768.28, Florida Statute s 72
104	104		(2010), and the remainder is conditioned upon the passage of a 73
105	105		claim bill, NOW, THEREFORE, 74
106	106		75 
107		-	~~ENROLLED~~
108		-	CS/HB 6513, Engrossed 1 2022 ~~Legislature~~
	107	+
	108	+	CS/HB 6513, Engrossed 1 2022
109	109
110	110
111	111
112	112		CODING: Words stricken are deletions; words underlined are additions.
113		-	hb6513-~~03-er~~
	113	+	hb6513-02-e1
114	114		Page 4 of 4
115	115		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
116	116
117	117		Be It Enacted by the Legislature of the State of Florida: 76
118	118		77
119	119		Section 1. The facts stated in the preamble to this act 78
120	120		are found and declared to be true. 79
121	121		Section 2. The Osceola County School Board is authorized 80
122	122		and directed to appropriate from funds of the school board not 81
123	123		otherwise encumbered and to draw a warrant in the sum of $3.5 82
124	124		million payable to Kareem Hawari as compensation for injuries 83
125	125		and damages sustained. 84
126	126		Section 3. The amount paid by the Osceola County School 85
127	127		Board pursuant to former s. 768.28, Florida Statutes (2010), and 86
128	128		the amount awarded under this act are intended to provide the 87
129	129		sole compensation for all present and future claims arising out 88
130	130		of the factual situation described in this act which resulted in 89
131	131		injuries and damages to Kareem Hawari. Of the amount awarded 90
132	132		under this act, the total amount paid for attorney fees and 91
133	133		lobbying fees may not exceed $875,000 and the total amount paid 92
134	134		for costs or other similar expenses may not exceed $9,961.51. 93
135	135		Section 4. This act shall take effect upon becoming a law. 94