House Bill hb0045

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    Florida House of Representatives - 2002                  HB 45

        By Representative Mahon






  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Angela Jones and Raymond

  4         Ferguson, individually and as personal

  5         representatives of the estate of Kharmilia

  6         Ferguson, deceased; authorizing and directing

  7         the Palm Beach County Sheriff's Office to

  8         compensate them for the death of Kharmilia

  9         Ferguson as a result of the negligence of the

10         Palm Beach County Sheriff's Office; specifying

11         use of funds; providing for reimbursement of

12         Medicaid expenditures; providing an effective

13         date.

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15         WHEREAS, on August 23, 1996, 16-year-old Kharmilia N.

16  Ferguson was operating a motor vehicle on Gramercy Drive at

17  the intersection of Gramercy Drive and 45th Street in a

18  suburban residential community located within Palm Beach

19  County, and

20         WHEREAS, an off-duty Palm Beach County sheriff's

21  deputy, who was operating a motor vehicle owned by the Palm

22  Beach County Sheriff's Office, approached the intersection at

23  78 mph in a 45-mph speed zone, and the sheriff's vehicle

24  violently struck Kharmilia Ferguson's vehicle, and

25         WHEREAS, as a result of the collision, Kharmilia

26  Ferguson sustained a severe brain injury that resulted in a

27  permanent vegetative state and permanent hospitalization

28  requiring full time attendant care until her death on January

29  2, 2001, and

30         WHEREAS, in addition to a claim being brought on behalf

31  of Kharmilia Ferguson for her injuries, a claim was brought on

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    Florida House of Representatives - 2002                  HB 45

    781-104A-02






  1  behalf of her mother, Angela Jones, and her father, Raymond

  2  Ferguson, for the loss of their daughter's services, comfort,

  3  companionship, society, love, affection, and solace, and

  4         WHEREAS, after protracted litigation relating to this

  5  matter, on February 3, 2000, the parties entered into a

  6  settlement agreement in the amount of $2 million, and

  7         WHEREAS, pursuant to the settlement agreement, the Palm

  8  Beach County Sheriff's Office paid $200,000, which is the

  9  maximum payment allowable under section 768.28, Florida

10  Statutes, and

11         WHEREAS, the sheriff's office does not oppose or

12  contest a claim bill in the amount of $1,800,000 for the

13  remaining amount owed under the settlement agreement, NOW,

14  THEREFORE,

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

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

19  act are found and declared to be true.

20         Section 2.  The Palm Beach County Sheriff's Office is

21  authorized and directed to draw a warrant in the sum of

22  $1,800,000, less amounts payable pursuant to section 3,

23  payable to Angela Jones and Raymond Ferguson, individually and

24  as the personal representatives of the estate of Kharmilia

25  Ferguson, as compensation for the death of Kharmilia Ferguson.

26  The claimants shall pay to the estate of Kharmilia Ferguson an

27  amount sufficient to cover any additional liens and all

28  expenses of the estate and the remaining funds shall be

29  distributed in equal amounts to Raymond Ferguson and Angela

30  Jones.

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    Florida House of Representatives - 2002                  HB 45

    781-104A-02






  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 claimants. The amount due the agency shall be equal to all

  6  unreimbursed medical payments paid by Medicaid on behalf of

  7  Kharmilia Ferguson up to the date upon which this act becomes

  8  a law.

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

10  law.

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