THE FLORIDA SENATE
SPECIAL MASTER ON CLAIM BILLS
Location
409 The Capitol
Mailing Address
404 South Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5229
DATE COMM ACTION
3/14/25 SM Favorable
3/19/25 JU Pre-meeting
CA
RC
March 14, 2025
The Honorable Ben Albritton
President, The Florida Senate
Suite 409, The Capitol
Tallahassee, Florida 32399-1100
Re: SB 14 – Senator Jones
HB 6519 – Representative Porras
Relief of Estate of Peniel Janvier by the City of Miami Beach
SPECIAL MASTER’S FINAL REPORT
THIS IS AN UNCONTESTED CLAIM BILL FOR $ 1,700,000
IN ACCORDANCE WITH A CONSENT JUDGMENT
RENDERED BY THE CIRCUIT COURT. THE ESTATE OF
PENIEL JANVIER SEEKS DAMAGES FROM THE CITY OF
MIAMI BEACH FOR WRONGFUL DEATH CAUSED BY THE
NEGLIGENT OPERATION AND SUPERVISION OF A CITY -
OWNED SWIMMING POOL.
FINDINGS OF FACT: The Incident
On August 16, 2022, Peniel Janvier, a 28-year-old youth
camp counselor, was attending an end-of-summer celebration
for the youth camp at the Scott Rakow Youth Center Pool,
owned and operated by the City of Miami Beach.
1
Although
off duty, he chose to attend out of his dedication to the children
he mentored.
Surveillance footage shows that a child playfully pushed
Janvier into the pool, continuing an earlier pattern of
lighthearted pushing in the shallow end. However, this time,
Janvier landed in water too deep for him to stand, causing him
1
Claimant’s Ex. 1, Surveillance Video; Claimant’s Ex. 2, Investigative Reports; Claimant’s Ex.
5, Discovery; Claimant’s Ex. 6, Pleadings. SPECIAL MASTER’S FINAL REPORT – SB 14
March 14, 2025
Page 2
to struggle for several minutes before becoming fully
submerged. He remained underwater for approximately ten
minutes.
2
Investigations by the City of Miami Beach and the
police department determined that Janvier’s death was not
the result of foul play.
3
An internal review by the City of Miami Beach found that
Lifeguard Adrian Calderon violated the City’s no-phone policy
and failed to observe Janvier drowning.
4
For over ten minutes,
Calderon remained distracted by his cell phone, failing to scan
the pool as Janvier struggled and other children attempted to
rescue him.
5
No supervisor was present, and, contrary to industry
standards, only two of the four designated lifeguard chairs
were staffed, despite the presence of numerous weak
swimmers.
6
Additionally, the City failed to implement proper
zone surveillance assignments, which are standard safety
practices for public pools.
7
Janvier was eventually pulled from the water, but he was
unresponsive by the time he was rescued.
8
Emergency responders performed CPR before transporting
Janvier to Mount Sinai Hospital, where he was placed on
ventilator support.
9
Janvier was declared brain dead on August 23, 2022, and
removed from life support on August 26, 2022.
10
Medical Findings
The Medical Examiner ruled the cause of death as
drowning.
11
2
Claimant’s Ex. 1, Surveillance Video; Claimant’s Ex. 2, Investigative Reports.
3
Claimant’s Ex. 2, Investigative Reports.
4
January 29, 2025, Special Master Hearing; Claimant’s Ex. 5, Discovery: RFP Responsive Docs.
5
Claimant’s Ex. 1, Surveillance Video; Claimant’s Ex. 5, Discovery: KG Incident Report Updated.
6
Claimant’s Ex. 1, Surveillance Video; Claimant’s Ex. 5, Discovery.
7
January 29, 2025, Special Master Hearing, Exhibits Slides 24 through 29, and Statement of Douglas McCarron,
Esq.; American Red Cross, Lifeguarding Manual, available at
https://www.redcross.org/content/dam/redcross/atg/PDFs/Take_a_Class/Lifeguarding_PM_sample_chapter-
2012.pdf (last visited Mar. 13, 2025)
8
Claimant’s Ex. 5, Discovery: Case Report 2022-8851.
9
Id.
10
Id.
11
Claimant’s Ex. 11, Medical Examiner’s Report. SPECIAL MASTER’S FINAL REPORT – SB 14
March 14, 2025
Page 3
Autopsy reports confirm cerebral edema, hypoxia, and
extensive lung congestion, consistent with prolonged oxygen
deprivation.
12
Janvier had no pre-existing medical conditions that
contributed to his death.
13
Impact on the Family
The Janvier family has endured extreme emotional suffering
following Janvier’s tragic and preventable death.
14
The
financial and psychological toll of this tragedy has resulted in
counseling needs and long-term hardship for the surviving
family members.
His parents, Nicole Mathurin and Lucmanne Janvier, have
expressed profound grief, struggling with the permanent loss
of their son.
15
Janvier was known for his kindness, mentorship, and
contributions to the community, making his absence even
more devastating to those who knew him.
16
The loss has caused significant psychological and emotional
distress to his immediate family, leading to profound lifestyle
changes and difficulties in coping with their grief. His mother
has undergone extensive counseling, yet her condition has
shown no improvement. His father credibly testified to
experiencing permanent, daily anguish, underscoring the
enduring emotional toll of Janvier’s death.
17
LITIGATION HISTORY: The Estate of Peniel Janvier sued the City of Miami Beach on
March 22, 2023, in the Eleventh Circuit Court in and for Miami-
Dade County, alleging wrongful death due to negligence.
On June 11, 2024, the parties settled for $2,000,000, and the
court rendered a consent judgment incorporating the terms of
the agreement.
12
Claimant’s Ex. 11, Medical Examiner’s Report.
13
Claimant’s Ex. 11, Medical Examiner’s Report.
14
Testimonies of Nicole Mathurin and Daniel and Lucmanne Janvier, January 29, 2025, Special Master Hearing.
15
Id.
16
Id.
17
Id. SPECIAL MASTER’S FINAL REPORT – SB 14
March 14, 2025
Page 4
Consistent with section 768.28, of the Florida Statutes,
$300,000 has been paid, and the remaining $1.7 million is
contingent upon legislative approval. The City has reserved
$1.7 million to pay this claim.
18
CONCLUSIONS OF LAW: A de novo hearing was held as the Legislature is not bound
by settlements or jury verdicts when considering a claim bill,
passage of which is an act of legislative grace.
Section 768.28, of the Florida Statutes, waives sovereign
immunity for tort liability up to $200,000 per person and
$300,000 for all claims or judgments arising out of the same
incident. Sums exceeding this amount are payable by the
State and its agencies or subdivisions by further act of the
Legislature.
In this matter, the Estate of Peniel Janvier alleges that the City
of Miami Beach was negligent in the operation and
supervision of the Scott Rakow Youth Center Pool, resulting
in the wrongful death of Peniel Janvier. The City of Miami
Beach, as the entity responsible for pool operations and
staffing, is liable for the negligent actions of its employees who
failed to monitor the pool and respond in a timely manner.
After completing its investigation, multiple reports confirmed
that lifeguard Adrian Calderon was distracted by his phone
and failed to intervene as Janvier struggled in the water.
Surveillance footage and eyewitness testimony established
that Janvier was visibly in distress for several minutes before
assistance was provided. The City of Miami Beach admitted
liability and agreed to a judgment in favor of the Estate of
Peniel Janvier for the sum of $2 million.
No evidence suggests that Janvier contributed to his drowning
or failed to exercise due care.
Negligence
There are four elements to a negligence claim: (1) duty –
where the defendant has a legal obligation to protect others
against unreasonable risks; (2) breach – which occurs when
the defendant has failed to conform to the required standard
of conduct; (3) causation – where the defendant’s conduct is
18
January 29, 2025, Special Master Hearing, Statement of Henry Hunnefeld, Esq. SPECIAL MASTER’S FINAL REPORT – SB 14
March 14, 2025
Page 5
foreseeably and substantially the cause of the resulting
damages; and (4) damages – actual harm.
19
Duty
A municipality operating a public swimming pool has a duty to
operate the facility safely.
20
“Whenever one undertakes to
provide a service to others, whether one does so gratuitously
or by contract, the individual who undertakes to provide the
service—i.e., the “undertaker”—thereby assumes a duty to
act carefully and to not put others at an undue risk of harm.
21
By operating and staffing the Scott Rakow Youth Center Pool,
the City of Miami Beach assumed a duty of care to provide
properly trained and attentive lifeguards to prevent
foreseeable harm.
Breach
The City of Miami Beach breached this duty in multiple ways:
• Lifeguard Adrian Calderon failed to maintain proper
supervision, as confirmed by surveillance footage and the
City’s internal investigation. Calderon was distracted by
his cell phone, violating the City’s no-phone policy and
standard safety protocols.
22
• The City of Miami Beach failed to implement basic
lifeguard surveillance protocols, leading to inadequate
supervision of swimmers. The absence of properly
assigned lifeguard zones contributed to the failure to
prevent this drowning.
23
• The City failed to enforce safety policies and adequately
train its staff, further increasing the risk of harm.
24
These failures directly compromised swimmer safety, allowing
Janvier’s distress to go unnoticed for an extended period.
Causation
The City’s failure to properly train and enforce lifeguard safety
policies directly resulted in Janvier’s prolonged struggle and
19
Williams v. Davis, 974 So.2d 1052, at 1056–1057 (Fla. 2007).
20
Florida Dept. of Nat. Res. v. Garcia, 753 So. 2d 72, 75 (Fla. 2000).
21
Clay Elec. Co-op., Inc. v. Johnson, 873 So. 2d 1182, 1186 (Fla. 2003).
22
Claimant’s Ex. 1, Surveillance Video; January 29, 2025, Special Master Hearing Exhibits Slides 5 and 21.
23
January 29, 2025, Special Master Hearing, Exhibits Slides 24 through 29, and Statement of Douglas McCarron,
Esq.
24
Id. SPECIAL MASTER’S FINAL REPORT – SB 14
March 14, 2025
Page 6
eventual drowning. Florida courts recognize that liability
arises when inaction causes preventable harm: “Tort law
provides a remedy for a person who suffers an injury caused
by the action or failure to act of another.”
25
The City’s inaction was the foreseeable and direct cause of
his death.
26
Damages
As a direct result of the City’s negligence, Janvier suffered
fatal drowning, leading to substantial financial and emotional
loss for his surviving family and estate. The Standard Jury
Instructions for wrongful death damages provide guidance for
compensating non-economic losses, including pain and
suffering and lost support and services.
27
Each parent of an adult child in a wrongful death case is
entitled to recover for mental pain and suffering if there are no
other survivors.
28
Since Janvier was unmarried with no
children, his parents are entitled to recover these damages.
The requested $1.7 million settlement is justified based on the
severity of the incident and comparable wrongful death
verdicts.
29
ATTORNEY FEES: Under Florida Statutes, attorney fees for claim bills are
capped at 25% of the total recovery amount.
In this case, attorney fees will be limited to $425,000, which is
25% of the $1,700,000 requested amount.
Counsel for the claimant has certified, through affidavit,
compliance with this statutory limit.
30
25
McKinley v. Gualtieri, 338 So. 3d 429, 433–434 (Fla. 2d DCA 2022).
26
Claimant’s Ex. 5, Discovery: Case Report 2022-8851.
27
Fla. Std. Jury Instr. (Civ.) 502.2(f) and (g).
28
Section 768.21(4), F.S.
29
Nagib v. CTF Orlando Corp., Verdict Form, Case No. 2002-CA-7395 (Fla. 9th Jud. Cir. Ct. Mar. 9, 2004) (Jury
verdict of $5.52 million); McPherson v. United States, Verdict Form, Case No. 1:08-cv-23108 (S.D. Fla. Sept. 30,
2011) (Jury verdict of $4.35 million); Bogle v. Orange County, Verdict Form, Case No. 2015-CA-002821-O (Fla.
9th Jud. Cir. Ct. Apr. 7, 2022) (Jury verdict of $5.03 million); Parker v. State of Florida Dep’t of Transp., Verdict
Form, Case No. 2020-CA-002294 (Fla. 2d Jud. Cir. Ct. June 23, 2022) (Jury verdict of $6.25 million); Monk v.
Burlington Cnty. Special Servs. Sch. Dist., Verdict Form, Case No. BUR-L-003869-02 (N.J. Super. Ct. Law Div.
Jan. 2006) (Jury verdict of $1.8 million).
30
Affidavit of Claimant’s Counsel to Senate and House Special Masters, January 23, 2025. SPECIAL MASTER’S FINAL REPORT – SB 14
March 14, 2025
Page 7
RECOMMENDATIONS: Considering the clear evidence of negligence, comparable
jury awards, and the City’s agreement to the settlement, I find
that the City of Miami Beach was negligent, and the amount
sought by claimants on behalf of the Estate of Peniel Janvier
is reasonable.
I recommend SB 14 FAVORABLY.
Respectfully submitted,
Alexander Brick
Senate Special Master
cc: Secretary of the Senate