Senate Bill 0022e1

    SB 22                                          First Engrossed



  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.

  7

  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, prior to trial, the parties reached an

27  agreement to settle the matter for the total amount of

28  $1,500,000, and

29         WHEREAS, on October 9, 1998, the parties entered into a

30  stipulation of settlement, and

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






    SB 22                                          First Engrossed



  1         WHEREAS, on November 18, 1998, a consent judgment was

  2  entered approving the stipulation of settlement, and

  3         WHEREAS, Metropolitan Dade County will pay the limit of

  4  $200,000 under section 768.28, Florida Statutes, and

  5         WHEREAS, Metropolitan Dade County has agreed to support

  6  a claim bill for the remaining amount of $1,300,000, under the

  7  settlement agreement, NOW, THEREFORE,

  8

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

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

12  act are found and declared to be true.

13         Section 2.  Metropolitan Dade County is authorized and

14  directed to appropriate the sum of $1,300,000 from funds of

15  the county not otherwise encumbered, to be paid to the

16  guardianship of Elionne Joseph's three surviving children and

17  the restricted depository as relief for the losses sustained.

18         Section 3.  The financial officer of Metropolitan Dade

19  County is directed to draw a warrant in the sum of $1,300,000

20  in favor of the guardianship of Elionne Joseph's three

21  surviving children and the restricted depository.

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

23  law.

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