House Bill 0977

    Florida House of Representatives - 1999                 HB 977

        By the Committee on Claims and Representatives Cantens and
    Ritter





  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Evane Dorival, Sandie

  4         Dorival, and Judith Dorival, minor children of

  5         Elionne Joseph, deceased; providing for an

  6         appropriation to compensate them for the death

  7         of their mother, Elionne Joseph, as a result of

  8         the negligence of the Miami-Dade County Police

  9         Department; providing an effective date.

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11         WHEREAS, on March 6, 1995, Elionne Joseph died in an

12  automobile accident when her car collided with a car driven by

13  a teenager who, in an attempt to evade police, ran a traffic

14  light at the intersection of 135th Street and the I-95

15  off-ramp in Miami-Dade County, and

16         WHEREAS, Elionne Joseph is survived by three minor

17  children, Evane Dorival, Sandie Dorival, and Judith Dorival,

18  and by her ex-husband, Joseph Dorival, with whom she was

19  living during the year before her death, and

20         WHEREAS, the attorney representing the Estate of

21  Elionne Joseph contends that the Miami-Dade County Police were

22  pursuing the teenager improperly and in contravention of a

23  county administrative order that allows pursuits only when

24  officers reasonably believe that the fleeing suspect has

25  committed or attempted to commit a violent felony, and

26         WHEREAS, the attorney representing the Estate of

27  Elionne Joseph further contends that the accident in which

28  Elionne Joseph died was caused by the high-speed police chase,

29  and

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






    Florida House of Representatives - 1999                 HB 977

    176-132A-99






  1         WHEREAS, prior to trial, the parties reached an

  2  agreement to settle the matter for the total amount of

  3  $1,500,000, and

  4         WHEREAS, on October 9, 1998, the parties entered into a

  5  stipulation of settlement, and

  6         WHEREAS, on November 18, 1998, a consent judgment was

  7  entered approving the stipulation of settlement, and

  8         WHEREAS, Miami-Dade County will pay the limit of

  9  $200,000 under section 768.28, Florida Statutes, and

10         WHEREAS, Miami-Dade County has agreed to support a

11  claim bill for the remaining amount of $1,300,000, under the

12  settlement agreement, NOW, THEREFORE,

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

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

17  act are found and declared to be true.

18         Section 2.  Miami-Dade County is authorized and

19  directed to appropriate from funds of the county not otherwise

20  appropriated and to draw a warrant in the sum of $1,300,000

21  payable to the guardianship of Elionne Joseph's three

22  surviving children and the restricted depository as relief for

23  the losses sustained.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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