Florida Senate - 2024 (NP) SB 18 By Senator Simon 3-00110-24 202418__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act for the relief of Marcus Button by the Pasco 2 County School Board; providing an appropriation to 3 compensate Marcus Button for injuries sustained as a 4 result of the negligence of an employee of the Pasco 5 County School Board; providing an appropriation to 6 compensate Mark and Robin Button, as parents and 7 natural guardians of Marcus Button, for injuries and 8 damages sustained by Marcus Button; providing a 9 limitation on the payment of compensation and attorney 10 fees; providing an effective date. 11 12 WHEREAS, on the morning of September 22, 2006, Jessica 13 Juettner picked up 16-year-old Marcus Button at his home in 14 order to drive him to Wesley Chapel High School, where both were 15 students, and 16 WHEREAS, as Ms.

Juettner drove her Dodge Neon west on State 17 Road 54, Mr. Button realized that he had left his wallet at 18 home, and Ms. Juettner turned her car around and headed back to 19 his home, and 20 WHEREAS, as Ms. Juettner approached Meadow Pointe 21 Boulevard, John E. Kinne, who was driving a 35-foot school bus 22 owned by the Pasco County School Board, pulled out in front of 23 her, and 24 WHEREAS, although Ms. Juettner slammed on the brakes, her 25 car struck the bus between the wheels and slipped underneath the 26 bus, and 27 WHEREAS, while Ms. Juettner suffered only minor injuries, 28 Mr.

Button, who was riding in the front passenger seat, 29

Florida Senate - 2024 (NP) SB 18 3-00110-24 202418__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. sustained facial and skull fractures, brain damage, and vision 30 loss, and 31 WHEREAS, Mr. Kinne and his backup driver, Linda Bone, were 32 the only people on the bus and were not seriously injured, and 33 WHEREAS, Mr. Button was airlifted to St. Joseph’s 34 Children’s Hospital, where he spent 3 weeks recovering, and then 35 was transferred to Tampa General Hospital for rehabilitation for 36 an additional 6 weeks, and 37 WHEREAS, Mr.

Button had to relearn how to walk and 38 currently cannot walk for any substantial length of time without 39 pain, lost most of the sight in his right eye, and suffered 40 facial fractures that left one side of his face higher than the 41 other, and 42 WHEREAS, in addition, Mr. Button can no longer smell, has 43 limited ability to taste, cannot feel textures, and, as a result 44 of the brain damage he sustained in the crash, sees and hears 45 things that are not there, speaks with a British or a Southern 46 accent, and is paranoid, and 47 WHEREAS, Mr.

Button returned home in November 2006, but his 48 mother, Robin Button, testified, “My son who woke up [in the 49 hospital] was not the same son I gave birth to. He was, but he 50 wasn’t. It was him, his skin, but it wasn’t him in his skin. 51 Different kid. The son I knew is gone. He died on that day,” and 52 WHEREAS, as the operator of a school bus, Mr. Kinne had the 53 duty to drive the bus in a safe manner and in accordance with 54 state law, but he failed to do so, and 55 WHEREAS, Mr. Kinne was later cited for failing to yield the 56 right-of-way, and 57 WHEREAS, in 2007, Mr.

Button’s parents, Mark and Robin 58

Florida Senate - 2024 (NP) SB 18 3-00110-24 202418__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. Button, sued the Pasco County School Board for negligence, and, 59 during the subsequent trial, a pediatric rehabilitation doctor 60 and a neuropsychologist testified that Mr. Button will require 61 24-hour care, counseling, interventions, medical care, and 62 pharmaceuticals for the remainder of his life to cope with his 63 physical symptoms and to control his psychotic and delusional 64 behavior; that Mr. Button continues to suffer from memory loss; 65 and that Mr.

Button has trouble sleeping and struggles to 66 concentrate and stay on task, and 67 WHEREAS, an economist who testified at trial estimated that 68 Mr. Button’s future care will cost between $6 million and $10 69 million and that his inability to work will result in the loss 70 of between $365,000 and $570,000 in wages over his lifetime, and 71 WHEREAS, a jury of five men and one woman apportioned 72 responsibility for the crash as follows: the Pasco County School 73 Board, 65 percent; Ms. Juettner, 20 percent; and Mr.

Button, 15 74 percent, and 75 WHEREAS, the trial court ordered the Pasco County School 76 Board to pay final judgments of $1,380,967.39 and $289,396.85 to 77 Mr. Button and his parents Mark and Robin Button, respectively, 78 and 79 WHEREAS, the Pasco County School Board has paid $163,000 of 80 the $200,000 statutory limit applicable at the time the claim 81 arose pursuant to s. 768.28, Florida Statutes 2009, to Mr. 82 Button and to Mark and Robin Button, as parents and natural 83 guardians of Mr.

Button, as compensation for the injuries and 84 damages incurred as a result of the accident, and 85 WHEREAS, the pro rata share of the statutory limit pursuant 86 to s. 768.28, Florida Statutes 2009, paid to Mr. Button is 87

Florida Senate - 2024 (NP) SB 18 3-00110-24 202418__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. $134,752.10, but the balance of $1,246,215.29 remains unpaid, 88 and 89 WHEREAS, the pro rata share of the statutory limit pursuant 90 to s. 768.28, Florida Statutes 2009, paid to Mark and Robin 91 Button is $28,247.90, but the balance of $261,148.95 remains 92 unpaid, NOW, THEREFORE, 93 94 Be It Enacted by the Legislature of the State of Florida: 95 96

Section 1. The facts stated in the

preamble to this act are 97 found and declared to be true. 98

Section 2. The Pasco County School Board is authorized and 99 directed to appropriate from funds of the school board not 100 otherwise encumbered and to draw a warrant in the sum of 101 $1,246,215.29 payable to Marcus Button as compensation for 102 injuries and damages sustained due to the negligence of an 103 employee of the school board. 104

Section 3. The Pasco County School Board is authorized and 105 directed to appropriate from funds of the school board not 106 otherwise encumbered and to draw a warrant in the sum of 107 $261,148.95 payable to Mark and Robin Button, as parents and 108 natural guardians of Marcus Button, as compensation for injuries 109 and damages sustained by Mr. Button as a result of the accident 110 that occurred on September 22, 2006, due to the negligence of an 111 employee of the Pasco County School Board. 112

Section 4. The amount paid by the Pasco County School Board 113 pursuant to s. 768.28, Florida Statutes 2009, and the amounts 114 awarded under this act are intended to provide the sole 115 compensation for all present and future claims arising out of 116

Florida Senate - 2024 (NP) SB 18 3-00110-24 202418__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. the factual situation described in this act which resulted in 117 injuries sustained by Marcus Button. The total amount paid for 118 attorney fees may not exceed 25 percent of the total amounts 119 awarded under this act. 120

Section 5. This act shall take effect upon becoming a law. 121