Senate Bill sb0036c1

    Florida Senate - 2002                             CS for SB 36

    By the Committee on Finance and Taxation; and Senator Rossin





    314-1823-02

  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of injuries of Kharmilia

  4         Ferguson, Angela Jones, and Raymond Ferguson;

  5         providing for an appropriation to compensate

  6         the estate of Kharmilia Ferguson, Angela Jones,

  7         and Raymond Ferguson for injuries and damages

  8         sustained; specifying use of funds; providing

  9         for reimbursement of Medicaid expenditures;

10         providing an effective date.

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

13  Ferguson was operating a motor vehicle on Gramercy Drive at

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

15  suburban residential community located within Palm Beach

16  County, and

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

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

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

20  78 mph in a 45-mph speed zone, and the sheriff's vehicle

21  violently struck Kharmilia Ferguson's vehicle, and

22         WHEREAS, as a result of the collision, Kharmilia

23  Ferguson sustained a severe brain injury that resulted in a

24  permanent vegetative state and permanent hospitalization

25  requiring full-time attendant care until her death on January

26  2, 2001, and

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

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

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

30  Ferguson, for the loss of their daughter's services, comfort,

31  companionship, society, love, affection, and solace, and

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






    Florida Senate - 2002                             CS for SB 36
    314-1823-02




  1         WHEREAS, after protracted litigation relating to this

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

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

  4         WHEREAS, pursuant to the settlement agreement, the Palm

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

  6  maximum payment allowable under section 768.28, Florida

  7  Statutes, and

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

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

10  remaining amount owed under the settlement agreement, NOW,

11  THEREFORE,

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

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

16  act are found and declared to be true.

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

18  authorized and directed to appropriate from funds of the

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

20  warrant in the sum of $1,800,000, less amounts payable

21  pursuant to section 3, which amount includes statutory

22  attorney's fees and costs, payable to Angela Jones and Raymond

23  Ferguson individually and as the personal representatives of

24  the estate of Kharmilia Ferguson, as compensation for injuries

25  and damages sustained by Kharmilia Ferguson, Angela Jones, and

26  Raymond Ferguson. The claimants shall pay to the estate of

27  Kharmilia Ferguson an amount sufficient to cover any

28  additional liens and all expenses of the estate, and the

29  remaining funds shall be distributed in equal amounts to Mr.

30  Ferguson and Ms. Jones.

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    Florida Senate - 2002                             CS for SB 36
    314-1823-02




  1         Section 3.  The governmental entity responsible for

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

  3  Health Care Administration the amount due under section

  4  409.910, Florida Statutes, before disbursing any funds to the

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

  6  unreimbursed medical payments paid by Medicaid on behalf of

  7  Ms. Ferguson up to the date upon which this act becomes a law.

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

  9  law.

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11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                              SB 36

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14  The Committee Substitute clarifies that Medicaid costs must be
    paid before any funds are disbursed to the claimant.
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CODING: Words stricken are deletions; words underlined are additions.