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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 635

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Claims offered the following:

12

13         Amendment (with title amendment) 

14         On page 2, line 24, through page 3, line 2,

15  remove from the bill:

16         All of said lines

17

18  and insert in lieu thereof:  the credit of the Department of

19  Transportation solely for use in Trey Alls' care. The

20  department shall disburse the funds in accordance with the

21  Stipulated Settlement Agreement and Release and

22  Indemnification Agreement that was attached as exhibit A to

23  the court order entered by Judge Michael R. Weatherby on

24  August 5, 1998, in the case of Trey Anthony Alls, a Minor, by

25  and through Joseph F. Duszlak, as guardian of the property of

26  TREY ANTHONY ALLS, and HEATHER C. ALLS, individually, v. State

27  of Florida, Department of Transportation.

28         Section 3.  The governmental entity responsible for

29  payment of the warrant shall pay to the Florida Agency for

30  Health Care Administration the amount due under section

31  409.910, Florida Statutes, prior to disbursing any funds to

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    File original & 9 copies    03/04/99
    hcla002                     10:30 am         00635-cl  -901381




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 635

    Amendment No. 1 (for drafter's use only)





 1  the claimant. The amount due to the agency shall be equal to

 2  all unreimbursed medical payments paid by Medicaid up to the

 3  date that this bill becomes a law.

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

 5  law.

 6

 7

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

 9  And the title is amended as follows:

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

11  those lines

12

13  and insert:

14         result of an automobile accident; providing for

15         reimbursement of all unreimbursed medical

16         payments made by Medicaid up to the date that

17         this bill becomes a law; providing an effective

18         date.

19

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

21  Bridge in Jacksonville, Florida, crossed over into the

22  opposite lane of traffic and struck a car in which

23  18-month-old Trey Alls was a passenger, and

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

25  sustained severe traumatic brain injuries and profound

26  cognitive impairment, has become profoundly developmentally

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

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

29  attendant care for the remainder of his life, and

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

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

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    File original & 9 copies    03/04/99
    hcla002                     10:30 am         00635-cl  -901381




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 635

    Amendment No. 1 (for drafter's use only)





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

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

 3  million, and

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

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

 6  Department of Transportation, and

 7         WHEREAS, the department desires to provide for the

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

 9         WHEREAS, the department and the representatives of Trey

10  Alls have agreed to and entered into a stipulated settlement

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

12  the necessity of a jury trial, and

13         WHEREAS, pursuant to the stipulated settlement

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

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

16         WHEREAS, the parties acknowledge and agree that

17  $200,000 is to be paid by the department pursuant to Florida's

18  sovereign immunity statute, and

19         WHEREAS, the parties further acknowledge and agree that

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

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

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    File original & 9 copies    03/04/99
    hcla002                     10:30 am         00635-cl  -901381