SENATE AMENDMENT
Bill No. SB 36 Barcode 412308
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Finance and Taxation recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Halifax Hospital Medical Center, a special
19 taxing district in Volusia County d/b/a Halifax Medical
20 Center, is authorized and directed to appropriate from funds
21 of the medical center not otherwise appropriated and to draw
22 warrants payable as follows:
23 (1) To Steven Mitchell in the amount of $15,000 per
24 month into a Special Needs Trust for the remainder of his life
25 to compensate him for injuries and damages he sustained, which
26 will be administered based upon his needs;
27 (2) To Steven Mitchell in the amount of $50,000 into
28 the Special Needs Trust;
29 (3) To claimant's attorneys, Searcy, Denney, Scarola,
30 Barnhart & Shipley, P.A., in the amount of $625,000 as payment
31 of attorney's fees; and
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SENATE AMENDMENT
Bill No. SB 36 Barcode 412308
Amendment No. 1
1 (4) To claimant's attorneys in the amount of $200,000
2 as payment of costs incurred.
3 Section 2. This act shall take effect upon becoming a
4 law.
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
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11 and insert:
12 A bill to be entitled
13 An act relating to Halifax Hospital Medical
14 Center, a special taxing district in Volusia
15 County d/b/a Halifax Medical Center; providing
16 for the relief of Steven Mitchell; authorizing
17 and directing Halifax Hospital Medical Center
18 to compensate Mr. Mitchell for personal
19 injuries that he suffered while at Halifax
20 Medical Center; providing an effective date.
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22 WHEREAS, on March 8, 1995, Steven Mitchell, who had
23 traveled from his home in Nashville, Tennessee, to Daytona
24 Beach to attend bike week, was riding his Harley Davidson
25 northbound on County Road 415 in West Volusia County when a
26 motorist pulled out of a side road immediately into Mr.
27 Mitchell's path, causing an accident, and
28 WHEREAS, emergency medical personnel stabilized Mr.
29 Mitchell's neck appropriately and transported him to Halifax
30 Hospital's emergency room, where he was diagnosed, treated,
31 and released, and
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SENATE AMENDMENT
Bill No. SB 36 Barcode 412308
Amendment No. 1
1 WHEREAS, by the next day, Mr. Mitchell was experiencing
2 respiratory problems and severe pain and could not move his
3 legs, and
4 WHEREAS, after he was subsequently readmitted to the
5 emergency department, it was immediately determined that his
6 spinal cord had been damaged so as to cause quadriplegia, and
7 WHEREAS, Steven Mitchell currently resides in Tennessee
8 and is in need of significant care and medical equipment and
9 24-hour-a-day attendant care, and
10 WHEREAS, a lawsuit was filed against the Halifax
11 Hospital Medical Center, alleging that the negligence of
12 hospital employees caused or contributed to the injuries to
13 Steven Mitchell, and
14 WHEREAS, after years of litigation but prior to trial,
15 the parties began settlement negotiations in an effort to
16 resolve this matter, and
17 WHEREAS, the parties have reached an agreement whereby
18 the Halifax Hospital Medical Center denies liability but would
19 pay a sum that has a present value total of $2,500,000 to
20 resolve this claim as outlined herein, and
21 WHEREAS, the agreement between the parties has been
22 reviewed and approved by the circuit court, and
23 WHEREAS, pursuant to the agreement and in accordance
24 with the limits set forth in section 768.28, Florida Statutes,
25 the Halifax Hospital Medical Center has paid Steven Mitchell
26 and his emancipated daughter $200,000, leaving a total of
27 $2,300,000 to be paid pursuant to a claim bill, NOW,
28 THEREFORE,
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