Senate Bill 0014e1
CODING: Words stricken are deletions; words underlined are additions.
SB 14 First Engrossed
1 A bill to be entitled
2 An act relating to the Department of
3 Transportation; providing for the relief of
4 Trey Anthony Alls for injuries sustained as a
5 result of an automobile accident; providing for
6 reimbursement of all unreimbursed medical
7 payments made by Medicaid up to the date that
8 this bill becomes a law; providing an effective
9 date.
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11 WHEREAS, on June 1, 1994, a vehicle on the Main Street
12 Bridge in Jacksonville, Florida, crossed over into the
13 opposite lane of traffic and struck a car in which
14 18-month-old Trey Alls was a passenger, and
15 WHEREAS, as a result of this accident, Trey has
16 sustained severe traumatic brain injuries and profound
17 cognitive impairment, has become profoundly developmentally
18 disabled, nonambulatory, and unable to participate in any self
19 care, and is permanently and totally disabled and will require
20 attendant care for the remainder of his life, and
21 WHEREAS, a life-care plan has been prepared detailing
22 Trey's future needs, the life-care plan has been costed out by
23 an economist, and the present monetary value of Trey's
24 economic losses has been set at an amount in excess of $3
25 million, and
26 WHEREAS, suit was brought in the Circuit Court in and
27 for Duval County, Florida, against the State of Florida,
28 Department of Transportation, and
29 WHEREAS, the department desires to provide for the
30 future care of Trey Alls for the remainder of his life, and
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CODING: Words stricken are deletions; words underlined are additions.
SB 14 First Engrossed
1 WHEREAS, the department and the representatives of Trey
2 Alls have agreed to and entered into a stipulated settlement
3 agreement, in order to resolve the claims of Trey Alls without
4 the necessity of a jury trial, and
5 WHEREAS, pursuant to the stipulated settlement
6 agreement, the parties have agreed to settle this case for the
7 total sum of $1,975,000, and
8 WHEREAS, the parties acknowledge and agree that
9 $200,000 is to be paid by the department pursuant to Florida's
10 sovereign immunity statute, and
11 WHEREAS, the parties further acknowledge and agree that
12 the remaining sum of $1,775,000 is payable by the department
13 pursuant to a legislative claim bill, NOW, THEREFORE,
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. The facts stated in the preamble to this
18 act are found and declared to be true.
19 Section 2. The sum of $1,775,000 is appropriated out
20 of funds in the State Treasury not otherwise appropriated to
21 the credit of the Department of Transportation solely for use
22 in Trey Alls' care. The department shall disburse the funds in
23 accordance with the Stipulated Settlement Agreement and
24 Release and Indemnification Agreement that was attached as
25 exhibit A to the court order entered by Judge Michael R.
26 Weatherby on August 5, 1998, in the case of Trey Anthony Alls,
27 a Minor, by and through Joseph F. Duszlak, as guardian of the
28 property of TREY ANTHONY ALLS, and HEATHER C. ALLS,
29 individually, v. State of Florida, Department of
30 Transportation.
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CODING: Words stricken are deletions; words underlined are additions.
SB 14 First Engrossed
1 Section 3. The governmental entity responsible for
2 payment of the warrant shall pay to the Florida Agency for
3 Health Care Administration the amount due under section
4 409.910, Florida Statutes, prior to disbursing any funds to
5 the claimant. The amount due to the agency shall be equal to
6 all unreimbursed medical payments paid by Medicaid up to the
7 date that this bill becomes a law.
8 Section 4. This act shall take effect upon becoming a
9 law.
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