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House Bill 3011




    Florida House of Representatives - 1998                HB 3011

        By Representative Rojas






  1                      A bill to be entitled

  2         An act for the relief of Vernelle Lowder;

  3         providing an appropriation to compensate her

  4         for damages she sustained as a result of the

  5         negligence of the Department of Health,

  6         formerly the Department of Health and

  7         Rehabilitative Services; providing an effective

  8         date.

  9

10         WHEREAS, a complaint for damages was filed in Dade

11  County, Case Number 93-16747-CA-02, and

12         WHEREAS, this lawsuit was to compensate Vernelle Lowder

13  for damages she sustained as a result of the failure of the

14  Department of Health and Rehabilitative Services to use proper

15  procedures in testing, handling, storing, and transporting

16  Vernelle Lowder's blood and by erroneously reporting that

17  Vernelle Lowder's blood was HIV positive, and

18         WHEREAS, as a direct and proximate result of the

19  negligence of the Department of Health and Rehabilitative

20  Services, Vernelle Lowder has suffered mental and physical

21  pain and suffering and costs, and

22         WHEREAS, an amended final judgment was entered against

23  the Department of Health and Rehabilitative Services on

24  October 19, 1994, awarding Vernelle Lowder $350,000, which

25  shall bear interest at the rate of 12 percent per year, NOW,

26  THEREFORE,

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

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

31  act are found and declared to be true.

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    Florida House of Representatives - 1998                HB 3011

    218-160B-98






  1         Section 2.  The Executive Office of the Governor is

  2  directed to transfer existing spending authority or establish

  3  spending authority from unappropriated trust fund balances in

  4  the Department of Health, formerly the Department of Health

  5  and Rehabilitative Services, in the amount of $350,000 to a

  6  new category titled "Relief - Vernelle Lowder" as relief for

  7  damages sustained.

  8         Section 3.  The Comptroller is directed to draw his

  9  warrant in favor of Vernelle Lowder in the sum of $350,000

10  upon funds of the Department of Health in the State Treasury

11  and the State Treasurer is directed to pay the same out of

12  such funds in the State Treasury.

13         Section 4.  This act shall take effect July 1, of the

14  year in which enacted.

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17                          HOUSE SUMMARY

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      Provides an appropriation of $350,000 to be paid from
19    funds of the Department of Health to Vernelle Lowder as
      compensation for damages sustained due to the negligence
20    of the former Department of Health and Rehabilitative
      Services.
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