House Bill hb0349

    Florida House of Representatives - 2002                 HB 349

        By Representative Atwater






  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 Jensen

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

25  the bicyclist's body had landed after coming through the

26  windshield, the vehicle went into reverse running over

27  Margaret B. Helm, and

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

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

30  of her life, and

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






    Florida House of Representatives - 2002                 HB 349

    744-112A-02






  1         WHEREAS, Margaret B. Helm and Martin County have

  2  entered into a settlement agreement that requires Martin

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

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

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

  6  $100,000 already paid pursuant to the statutory cap on

  7  liability in section 768.28, Florida Statutes, and

  8         WHEREAS, the payment will not involve any tax increase

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

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

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

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

15  act are found and declared to be true.

16         Section 2.  Martin County is authorized and directed to

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

18  pursuant to section 3, payable to Margaret Helm as

19  compensation for injuries and damages caused by the negligence

20  of the Martin County Volunteer Fire Department. After payment

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

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

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

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

25  $500,000 to Margaret Helm in the form of an annuity.

26         Section 3.  The governmental entity responsible for

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

28  Health Care Administration the amount due under section

29  409.910, Florida Statutes, prior to disbursing any funds to

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

31  unreimbursed medical payments paid by Medicaid up to the date

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    Florida House of Representatives - 2002                 HB 349

    744-112A-02






  1  upon which this act takes effect. The governmental entity

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

  3  Florida Department of Health the amount due the department

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

  5  the department shall be equal to all unreimbursed payments

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

  7  date upon which this act takes effect.

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

  9  law.

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