Senate Bill sb0076c1

    Florida Senate - 2001                             CS for SB 76

    By the Committee on Judiciary and Senator Campbell





    308-1807-01

  1                      A bill to be entitled

  2         An act relating to Martin County; providing for

  3         the relief of Margaret B. Helm for injuries and

  4         damages sustained as a result of the negligence

  5         of the Martin County Volunteer Fire Department;

  6         specifying the use of funds appropriated;

  7         providing for reimbursement of Medicaid and

  8         Brain and Spinal Cord Injury Program

  9         expenditures; providing an effective date.

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11         WHEREAS, on March 21, 1999, Veronica Pochopin was

12  driving at or near County Road 707 (Dixie Highway) at Jenson

13  Beach in Martin County, Florida, when an intoxicated bicyclist

14  rode into the path of her motor vehicle and was struck by Mrs.

15  Pochopin, and

16         WHEREAS, Margaret B. Helm, a passing motorist, stopped

17  to assist Mrs. Pochopin, and

18         WHEREAS, Margaret B. Helm, Veronica Pochopin, and Mrs.

19  Pochopin's husband, who was a passenger in the vehicle, were

20  sitting behind the damaged vehicle while Margaret B. Helm was

21  attempting to care for Mrs. Pochopin, and

22         WHEREAS, while the Martin County volunteer firefighters

23  were attempting to extricate the body of the intoxicated

24  bicyclist from the front seat of the damaged vehicle, where it

25  had landed after coming through the windshield, the vehicle

26  went into reverse running over Margaret B. Helm, and

27         WHEREAS, as a result of this incident, Margaret B. Helm

28  is now a paraplegic and is expected to remain so for the rest

29  of her life, and

30         WHEREAS, Margaret B. Helm and Martin County have

31  entered into a settlement agreement that requires Martin

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






    Florida Senate - 2001                             CS for SB 76
    308-1807-01




  1  County to pay, pursuant to a claim bill enacted by the

  2  Legislature, the sum of $2,250,000, with $500,000 of this sum

  3  to be paid in the form of an annuity, in addition to the

  4  $100,000 already paid pursuant to the statutory cap on

  5  liability in section 768.28, Florida Statutes, and

  6         WHEREAS, the payment will not involve any tax increase

  7  in Martin County for the sole purpose of paying the amounts

  8  agreed to in the settlement agreement, NOW, THEREFORE,

  9

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

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12         Section 1.  The facts stated in the preamble of this

13  act are found and declared to be true.

14         Section 2.  Martin County is authorized and directed to

15  draw a warrant in the sum of $1,750,000, less amounts payable

16  pursuant to section 3, payable to Margaret Helm as

17  compensation for injuries and damages caused by the negligence

18  of the Martin County Volunteer Fire Department. After payment

19  of any outstanding liens not specified in section 3, statutory

20  attorney's fees, and costs, the remaining proceeds shall be

21  paid to Margaret Helm. In addition to the $1,750,000 lump sum

22  payment, Martin County is also directed to pay an additional

23  $500,000 to Margaret Helm in the form of an annuity.

24         Section 3.  The governmental entity responsible for

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

26  Health Care Administration the amount due under section

27  409.910, Florida Statutes, prior to disbursing any funds to

28  the claimant. The amount due the agency shall be equal to all

29  unreimbursed medical payments paid by Medicaid up to the date

30  upon which this act takes effect. The governmental entity

31  responsible for payment of the warrant shall also pay to the

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






    Florida Senate - 2001                             CS for SB 76
    308-1807-01




  1  Florida Department of Health the amount due to the department

  2  prior to disbursing any funds to the claimant. The amount due

  3  to the department shall be equal to all unreimbursed payments

  4  paid by the Brain and Spinal Cord Injury Program up to the

  5  date upon which this act takes effect.

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

  7  law.

  8

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                              SB 76

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12  Clarifies that the governmental entity responsible for payment
    of the warrant shall first reimburse Medicaid and the Florida
13  Department of Health for all unreimbursed payments made by
    those entities, prior to disbursing any funds to the claimant.
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CODING: Words stricken are deletions; words underlined are additions.