Senate Bill 0022

    Florida Senate - 1999        (NP)                        SB 22

    By Senator Silver





    32-33-99

  1                      A bill to be entitled

  2         An act relating to the relief of the children

  3         of Elionne Joseph; requiring Dade County to

  4         compensate her children for her death as a

  5         result of the negligence of the Dade Metro

  6         Police; providing an effective date.

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  8         WHEREAS, on March 6, 1995, Elionne Joseph died in an

  9  automobile accident when her car collided with a car driven by

10  a teenager who in an attempt to evade police ran a red light

11  at the intersection of 135th St. and the I-95 off-ramp in

12  Metropolitan Dade County, and

13         WHEREAS, Ms. Joseph is survived by three minor

14  children, Evane Dorival, Sandie Dorival, and Judith Dorival,

15  and by her ex-husband, Joseph Dorival, with whom she was

16  living during the year before her death, and

17         WHEREAS, the attorney representing the estate of

18  Elionne Joseph claims that the Dade County Police were

19  pursuing the teenagers improperly and in contravention of a

20  county administrative order that allows pursuits only when

21  officers reasonably believe that the fleeing suspect has

22  committed or attempted to commit a violent felony, and

23         WHEREAS, such attorney contends that the accident in

24  which Ms. Joseph died was caused by the high-speed police

25  chase, and

26         WHEREAS, the matter is scheduled for trial during the 2

27  weeks commencing August 24, 1998, and mediation has been

28  scheduled for July 24, 1998, and

29         WHEREAS, Metropolitan Dade County has indicated that it

30  is willing to settle the case for an amount in excess of the

31  statutory limit of $200,000 and that it will stipulate that it

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999        (NP)                        SB 22
    32-33-99




  1  will not oppose any claim bill for the amount of the

  2  settlement, NOW, THEREFORE,

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

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

  7  act are found and declared to be true.

  8         Section 2.  The sum of $      , which is the balance

  9  remaining after the county has paid $200,000 in accordance

10  with the terms of a settlement reached by official mediation

11  or set by court order, is appropriated out of funds of

12  Metropolitan Dade County not otherwise encumbered, to be paid

13  to the Estate of Elionne Joseph as relief for the losses

14  sustained by Ms. Joseph's surviving children.

15         Section 3.  The financial officer of Metropolitan Dade

16  County is directed to draw a warrant in favor of the Estate of

17  Elionne Joseph in the sum of $     .

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

19  law.

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