Senate Bill sb0030c1

    Florida Senate - 2003                             CS for SB 30

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Crist




    317-2243-03

  1                      A bill to be entitled

  2         An act relating to Hillsborough County;

  3         providing for the relief of James T. Edwards

  4         for injuries suffered as a result of negligence

  5         of Hillsborough County; providing for repayment

  6         of Medicaid lien; providing for the use of the

  7         funds; providing an effective date.

  8  

  9         WHEREAS, in an incident occurring on May 31, 1997,

10  James T. Edwards was severely and permanently injured as a

11  result of the negligence of Hillsborough County, in that the

12  county failed to immobilize Edwards' head, neck, and spine

13  while transporting Edwards to the hospital, and

14         WHEREAS, as a result of that negligence, James T.

15  Edwards sustained injuries to his spinal cord which have

16  resulted in complete and permanent paralysis to his legs, and

17         WHEREAS, James T. Edwards instituted a lawsuit against

18  Hillsborough County as a result of such injuries, which

19  lawsuit was scheduled to be tried beginning August 5, 2002,

20  and

21         WHEREAS, before commencement of the trial, James T.

22  Edwards and Hillsborough County entered into a settlement

23  agreement in the amount of $2,500,000 under which the county

24  would pay to Edwards $100,000 and support the passage of a

25  claim bill to provide for payment of the balance of the

26  settlement amount, NOW, THEREFORE,

27  

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

29  

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

31  act are found and declared to be true.

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






    Florida Senate - 2003                             CS for SB 30
    317-2243-03




 1         Section 2.  The Hillsborough County Board of County

 2  Commissioners is authorized and directed to appropriate from

 3  funds of the county not otherwise appropriated, and to draw a

 4  warrant in the sum of, $2,400,000, which amount includes

 5  statutory attorney's fees and costs, for the benefit of James

 6  T. Edwards.

 7         Section 3.  The government entity responsible for

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

 9  Health Care Administration the amount due under section

10  409.910, Florida Statutes, prior to disbursing any funds to

11  the claimant. Any remaining proceeds shall be placed in the

12  Special Needs Trust created for the exclusive use and benefit

13  of James T. Edwards, to compensate him for injuries and

14  damages sustained.

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

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                          Senate Bill 30

20                                 

21  The Committee Substitute directs payment of any remaining
    funds to a special needs trust for the benefit of James T.
22  Edwards and makes conforming changes.

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