| 1 | A bill to be entitled |
| 2 | An act relating to Miami-Dade County; providing for the |
| 3 | relief of Schneidine Theogene, a minor, by and through her |
| 4 | parent and natural guardian, Jeanne Coicou, to compensate |
| 5 | Schneidine for injuries sustained as a result of the |
| 6 | negligence of a Miami-Dade County bus driver; providing |
| 7 | for an appropriation; providing a limitation on the |
| 8 | payment of fees and costs; providing an effective date. |
| 9 |
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| 10 | WHEREAS, on November 24, 2004, in Miami-Dade County, Jeanne |
| 11 | Coicou was driving her minivan, which was occupied by her 7- |
| 12 | year-old daughter, Schneidine Theogene, and three other |
| 13 | occupants, when the operator of a Miami-Dade County bus failed |
| 14 | to stop at a red light causing the bus to collide into the |
| 15 | minivan, and |
| 16 | WHEREAS, because of the force of the collision and the |
| 17 | crash dynamics, Schneidine was ejected from the minivan and |
| 18 | sustained brain damage, rib fractures, and jaw fractures along |
| 19 | with other catastrophic and life-altering injuries even though |
| 20 | she was wearing a seatbelt, and |
| 21 | WHEREAS, Schneidine underwent various surgical procedures |
| 22 | and remained hospitalized at Jackson Memorial Hospital and |
| 23 | Jackson Memorial Rehabilitation Center for approximately 10 |
| 24 | weeks, and |
| 25 | WHEREAS, Schneidine Theogene's medical expenses totaled |
| 26 | $482,454.06, and |
| 27 | WHEREAS, Schneidine suffered substantial economic damages |
| 28 | relating to past and future care as well as vocational losses |
| 29 | due to her severe injuries, and |
| 30 | WHEREAS, Thomas Gamboa, Ph.D., an economist, determined |
| 31 | that Schneidine's future economic losses ranged from $27 million |
| 32 | to $36 million, and |
| 33 | WHEREAS, the parties reached a settlement agreement by |
| 34 | mediation in which Miami-Dade County agreed to pay $100,000 and |
| 35 | its insurance companies agreed to pay $4 million, and |
| 36 | WHEREAS, Miami-Dade County also agreed to a claim bill in |
| 37 | the amount of $2.4 million to conclude the total settlement, |
| 38 | NOW, THEREFORE, |
| 39 |
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| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
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| 42 | Section 1. The facts stated in the preamble to this act |
| 43 | are found and declared to be true. |
| 44 | Section 2. Miami-Dade County is authorized and directed to |
| 45 | appropriate from funds of the county not otherwise encumbered |
| 46 | and draw a warrant in the sum of $2.4 million, payable to Jeanne |
| 47 | Coicou, parent and natural guardian of Schneidine Theogene. |
| 48 | After payment of any outstanding liens and attorney's fees, |
| 49 | costs, and lobbying fees as provided in section 3, the remainder |
| 50 | shall be placed in a Special Needs Trust created for the |
| 51 | exclusive use and benefit of Schneidine Theogene, a minor, as |
| 52 | compensation for injuries and damages sustained due to the |
| 53 | negligence of a bus driver employed by Miami-Dade County. |
| 54 | Section 3. This award is intended to provide the sole |
| 55 | compensation for all present and future claims arising out of |
| 56 | the factual situation described in this act which resulted in |
| 57 | the injuries to Schneidine Theogene. Not more than 25 percent of |
| 58 | the award may be paid by the claimant for attorney's fees, |
| 59 | lobbying fees, costs, or other similar expenses. |
| 60 | Section 4. This act shall take effect upon becoming a law. |