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A bill to be entitled

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An act relating to Miami-Dade County; providing for the

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relief of Schneidine Theogene, a minor, by and through her

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parent and natural guardian, Jeanne Coicou, to compensate

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Schneidine for injuries sustained as a result of the

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negligence of a Miami-Dade County bus driver; providing

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for an appropriation; providing a limitation on the

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payment of fees and costs; providing an effective date.

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     WHEREAS, on November 24, 2004, in Miami-Dade County, Jeanne

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Coicou was driving her minivan, which was occupied by her 7-year-

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old daughter, Schneidine Theogene, and three other occupants,

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when the operator of a Miami-Dade County bus failed to stop at a

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red light causing the bus to collide into the minivan, and

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     WHEREAS, because of the force of the collision and the crash

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dynamics, Schneidine was ejected from the minivan and sustained

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brain damage, rib fractures, and jaw fractures along with other

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catastrophic and life-altering injuries even though she was

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wearing a seatbelt, and

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     WHEREAS, Schneidine underwent various surgical procedures

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and remained hospitalized at Jackson Memorial Hospital and

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Jackson Memorial Rehabilitation Center for approximately 10

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weeks, and

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     WHEREAS, Schneidine Theogene's medical expenses totaled

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$482,454.06, and

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     WHEREAS, Schneidine suffered substantial economic damages

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relating to past and future care as well as vocational losses due

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to her severe injuries, and

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     WHEREAS, Thomas Gamboa, Ph.D., an economist, determined that

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Schneidine's future economic losses ranged from $27 million to

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$36 million, and

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     WHEREAS, the parties reached a settlement agreement by

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mediation in which Miami-Dade County agreed to pay $100,000 and

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its insurance companies agreed to pay $4 million, and

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     WHEREAS, Miami-Dade County also agreed to a claim bill in

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the amount of $2.4 million to conclude the total settlement, NOW,

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THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. Miami-Dade County is authorized and directed to

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appropriate from funds of the county not otherwise encumbered and

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draw a warrant in the sum of $2.4 million, payable to Jeanne

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Coicou, parent and natural guardian of Schneidine Theogene. After

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payment of any outstanding liens and attorney's fees, costs, and

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lobbying fees as provided in section 3, the remainder shall be

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placed in a Special Needs Trust created for the exclusive use and

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benefit of Schneidine Theogene, a minor, as compensation for

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injuries and damages sustained due to the negligence of a bus

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driver employed by Miami-Dade County.

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     Section 3. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in the

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injuries to Schneidine Theogene. The total amount paid for

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attorney's fees, lobbying fees, costs, and other similar expenses

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relating to this claim may not exceed 25 percent of the amount

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awarded under this act.

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