House Bill hb0607

    Florida House of Representatives - 2001                 HB 607

        By Representative Mahon






  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Kharmilia Ferguson, a minor,

  4         and for the relief of Angela Jones and Raymond

  5         Ferguson, individually and as the natural

  6         parents and guardians of Kharmilia Ferguson;

  7         authorizing and directing the Palm Beach County

  8         Sheriff's Office to compensate them for

  9         injuries they suffered as a result of the

10         negligence of an employee of the sheriff's

11         office; providing for reversion of funds;

12         providing for reimbursement of all unreimbursed

13         medical payments made by Medicaid up to the

14         date that this act becomes a law; providing an

15         effective date.

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17         WHEREAS, on August 23, 1996, 16-year-old Kharmilia N.

18  Ferguson was operating a motor vehicle on Gramercy Drive at

19  the intersection of Gramercy Drive and 45th Street in a

20  suburban residential community located within Palm Beach

21  County, and

22         WHEREAS, an off-duty Palm Beach County sheriff's

23  deputy, who was operating a motor vehicle owned by the Palm

24  Beach County Sheriff's Office, approached the intersection at

25  78 mph in a 45-mph speed zone, and the sheriff's vehicle

26  violently struck Kharmilia Ferguson's vehicle, and

27         WHEREAS, as a result of the collision, Kharmilia

28  Ferguson sustained a severe brain injury that resulted in a

29  permanent vegetative state and permanent hospitalization

30  requiring lifetime attendant care, and

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






    Florida House of Representatives - 2001                 HB 607

    781-104-01






  1         WHEREAS, in addition to a claim being brought on behalf

  2  of Kharmilia Ferguson for her injuries, a claim was brought on

  3  behalf of her mother, Angela Jones, and her father, Raymond

  4  Ferguson, for past and future medical expenses and other

  5  expenses, as well as for the loss of their daughter's

  6  services, comfort, companionship, society, love, affection,

  7  and solace, and

  8         WHEREAS, after protracted litigation relating to this

  9  matter, on February 3, 2000, the parties entered into a

10  settlement agreement in the amount of $2 million, and

11         WHEREAS, pursuant to the settlement agreement, the Palm

12  Beach County Sheriff's Office paid $200,000, which is the

13  maximum payment allowable under section 768.28, Florida

14  Statutes, and

15         WHEREAS, the sheriff's office does not oppose or

16  contest a claim bill in the amount of $1.8 million for the

17  remaining amount owed under the settlement agreement, NOW,

18  THEREFORE,

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

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

23  act are found and declared to be true.

24         Section 2.  The Palm Beach County Sheriff's Office is

25  authorized and directed to appropriate from funds of the

26  sheriff's office not otherwise appropriated and to draw a

27  warrant in the sum of $1,440,000 payable to the Special Needs

28  Trust established for Kharmilia Ferguson to compensate her for

29  injuries and damages sustained. Upon the death of Kharmilia

30  Ferguson, the Trust balance shall revert to the Palm Beach

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    Florida House of Representatives - 2001                 HB 607

    781-104-01






  1  County Sheriff's Office pursuant to the terms of the Trust

  2  agreement.

  3         Section 3.  The Palm Beach County Sheriff's Office is

  4  authorized and directed to appropriate from funds of the

  5  sheriff's office not otherwise appropriated and to draw a

  6  warrant in the sum of $180,000 payable to Angela Jones,

  7  individually and as natural parent and guardian of Kharmilia

  8  Ferguson, to compensate her for injuries and damages

  9  sustained.

10         Section 4.  The Palm Beach County Sheriff's Office is

11  authorized and directed to appropriate from funds of the

12  sheriff's office not otherwise appropriated and to draw a

13  warrant in the sum of $180,000 payable to Raymond Ferguson,

14  individually and as natural parent and guardian of Kharmilia

15  Ferguson, to compensate him for injuries and damages

16  sustained.

17         Section 5.  The governmental entity responsible for

18  payment of the warrants shall pay to the Florida Agency for

19  Health Care Administration the amount due under section

20  409.910, Florida Statutes, prior to disbursing any funds to

21  the claimants.  The amount due to the agency shall be equal to

22  all unreimbursed medical payments paid by Medicaid up to the

23  date that this act becomes a law.

24         Section 6.  This act shall take effect upon becoming a

25  law.

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