SENATE AMENDMENT

    Bill No. SB 14

    Amendment No. 1

                            CHAMBER ACTION
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11  The Committee on Transportation recommended the following

12  amendment:

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14         Senate Amendment (with title amendment) 

15         On page 2, line 24, through page 3, line 2, delete

16  those lines

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18  and insert:  the credit of the Department of Transportation

19  solely for use in Trey Alls' care. The department shall

20  disburse the funds in accordance with the Stipulated

21  Settlement Agreement and Release and Indemnification Agreement

22  that was attached as exhibit A to the court order entered by

23  Judge Michael R. Weatherby on August 5, 1998, in the case of

24  Trey Anthony Alls, a Minor, by and through Joseph F. Duszlak,

25  as guardian of the property of TREY ANTHONY ALLS, and HEATHER

26  C. ALLS, individually, v. State of Florida, Department of

27  Transportation.

28         Section 3.  This act shall take effect upon becoming a

29  law.

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                                                  SENATE AMENDMENT

    Bill No. SB 14

    Amendment No. 1





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 5, through page 2, line 16, delete

 4  those lines

 5

 6  and insert:

 7         result of an automobile accident; providing an

 8         effective date.

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10         WHEREAS, on June 1, 1994, a vehicle on the Main Street

11  Bridge in Jacksonville, Florida, crossed over into the

12  opposite lane of traffic and struck a car in which

13  18-month-old Trey Alls was a passenger, and

14         WHEREAS, as a result of this accident, Trey has

15  sustained severe traumatic brain injuries and profound

16  cognitive impairment, has become profoundly developmentally

17  disabled, nonambulatory, and unable to participate in any self

18  care, and is permanently and totally disabled and will require

19  attendant care for the remainder of his life, and

20         WHEREAS, a life-care plan has been prepared detailing

21  Trey's future needs, the life-care plan has been costed out by

22  an economist, and the present monetary value of Trey's

23  economic losses has been set at an amount in excess of $3

24  million, and

25         WHEREAS, suit was brought in the Circuit Court in and

26  for Duval County, Florida, against the State of Florida,

27  Department of Transportation, and

28         WHEREAS, the department desires to provide for the

29  future care of Trey Alls for the remainder of his life, and

30         WHEREAS, the department and the representatives of Trey

31  Alls have agreed to and entered into a stipulated settlement

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                                                  SENATE AMENDMENT

    Bill No. SB 14

    Amendment No. 1





 1  agreement, in order to resolve the claims of Trey Alls without

 2  the necessity of a jury trial, and

 3         WHEREAS, pursuant to the stipulated settlement

 4  agreement, the parties have agreed to settle this case for the

 5  total sum of $1,975,000, and

 6         WHEREAS, the parties acknowledge and agree that

 7  $200,000 is to be paid by the department pursuant to Florida's

 8  sovereign immunity statute, and

 9         WHEREAS, the parties further acknowledge and agree that

10  the remaining sum of $1,775,000 is payable by the department

11  pursuant to a legislative claim bill, NOW, THEREFORE,

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