Senate Bill 0014e1

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    SB 14                                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; providing for the relief of

  4         Trey Anthony Alls for injuries sustained as a

  5         result of an automobile accident; providing for

  6         reimbursement of all unreimbursed medical

  7         payments made by Medicaid up to the date that

  8         this bill becomes a law; providing an effective

  9         date.

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11         WHEREAS, on June 1, 1994, a vehicle on the Main Street

12  Bridge in Jacksonville, Florida, crossed over into the

13  opposite lane of traffic and struck a car in which

14  18-month-old Trey Alls was a passenger, and

15         WHEREAS, as a result of this accident, Trey has

16  sustained severe traumatic brain injuries and profound

17  cognitive impairment, has become profoundly developmentally

18  disabled, nonambulatory, and unable to participate in any self

19  care, and is permanently and totally disabled and will require

20  attendant care for the remainder of his life, and

21         WHEREAS, a life-care plan has been prepared detailing

22  Trey's future needs, the life-care plan has been costed out by

23  an economist, and the present monetary value of Trey's

24  economic losses has been set at an amount in excess of $3

25  million, and

26         WHEREAS, suit was brought in the Circuit Court in and

27  for Duval County, Florida, against the State of Florida,

28  Department of Transportation, and

29         WHEREAS, the department desires to provide for the

30  future care of Trey Alls for the remainder of his life, and

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CODING: Words stricken are deletions; words underlined are additions.






    SB 14                                          First Engrossed



  1         WHEREAS, the department and the representatives of Trey

  2  Alls have agreed to and entered into a stipulated settlement

  3  agreement, in order to resolve the claims of Trey Alls without

  4  the necessity of a jury trial, and

  5         WHEREAS, pursuant to the stipulated settlement

  6  agreement, the parties have agreed to settle this case for the

  7  total sum of $1,975,000, and

  8         WHEREAS, the parties acknowledge and agree that

  9  $200,000 is to be paid by the department pursuant to Florida's

10  sovereign immunity statute, and

11         WHEREAS, the parties further acknowledge and agree that

12  the remaining sum of $1,775,000 is payable by the department

13  pursuant to a legislative claim bill, NOW, THEREFORE,

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  The facts stated in the preamble to this

18  act are found and declared to be true.

19         Section 2.  The sum of $1,775,000 is appropriated out

20  of funds in the State Treasury not otherwise appropriated to

21  the credit of the Department of Transportation solely for use

22  in Trey Alls' care. The department shall disburse the funds in

23  accordance with the Stipulated Settlement Agreement and

24  Release and Indemnification Agreement that was attached as

25  exhibit A to the court order entered by Judge Michael R.

26  Weatherby on August 5, 1998, in the case of Trey Anthony Alls,

27  a Minor, by and through Joseph F. Duszlak, as guardian of the

28  property of TREY ANTHONY ALLS, and HEATHER C. ALLS,

29  individually, v. State of Florida, Department of

30  Transportation.

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CODING: Words stricken are deletions; words underlined are additions.






    SB 14                                          First Engrossed



  1         Section 3.  The governmental entity responsible for

  2  payment of the warrant shall pay to the Florida Agency for

  3  Health Care Administration the amount due under section

  4  409.910, Florida Statutes, prior to disbursing any funds to

  5  the claimant. The amount due to the agency shall be equal to

  6  all unreimbursed medical payments paid by Medicaid up to the

  7  date that this bill becomes a law.

  8         Section 4.  This act shall take effect upon becoming a

  9  law.

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