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