House Bill hb0349e1

                                           HB 349, First Engrossed



  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 Brain

  8         and Spinal Cord Injury Program and Vocational

  9         Rehabilitation Services expenditures; providing

10         an effective date.

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

13  driving at or near County Road 707 (Dixie Highway) at Jensen

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

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

16  Pochopin, and

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

18  to assist Mrs. Pochopin, and

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

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

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

22  attempting to care for Mrs. Pochopin, and

23         WHEREAS, while the Martin County volunteer firefighters

24  were attempting to extricate the body of the intoxicated

25  bicyclist from the front seat of the damaged vehicle, where

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

27  windshield, the vehicle went into reverse running over

28  Margaret B. Helm, and

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

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

31  of her life, and


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






                                           HB 349, First Engrossed



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






                                           HB 349, First Engrossed



  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. The governmental entity

  8  shall also pay to the Department of Education the amount, if

  9  any, due to the department prior to disbursing any funds to

10  the claimant. The amount due to the department shall be equal

11  to all unreimbursed payments paid by the department's

12  Vocational Rehabilitation Services Program up to the date upon

13  which this act takes effect.

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

15  law.

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