Senate Bill sb0030er

    ENROLLED

    2003 Legislature                                  CS for SB 30



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  2         An act relating to Hillsborough County;

  3         providing for the relief of James T. Edwards

  4         for injuries suffered as a result of negligence

  5         of Hillsborough County; providing for repayment

  6         of Medicaid lien; providing for the use of the

  7         funds; providing an effective date.

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  9         WHEREAS, in an incident occurring on May 31, 1997,

10  James T. Edwards was severely and permanently injured as a

11  result of the negligence of Hillsborough County, in that the

12  county failed to immobilize Edwards' head, neck, and spine

13  while transporting Edwards to the hospital, and

14         WHEREAS, as a result of that negligence, James T.

15  Edwards sustained injuries to his spinal cord which have

16  resulted in complete and permanent paralysis to his legs, and

17         WHEREAS, James T. Edwards instituted a lawsuit against

18  Hillsborough County as a result of such injuries, which

19  lawsuit was scheduled to be tried beginning August 5, 2002,

20  and

21         WHEREAS, before commencement of the trial, James T.

22  Edwards and Hillsborough County entered into a settlement

23  agreement in the amount of $2,500,000 under which the county

24  would pay to Edwards $100,000 and support the passage of a

25  claim bill to provide for payment of the balance of the

26  settlement amount, NOW, THEREFORE,

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

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

31  act are found and declared to be true.


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




    ENROLLED

    2003 Legislature                                  CS for SB 30



 1         Section 2.  The Hillsborough County Board of County

 2  Commissioners is authorized and directed to appropriate from

 3  funds of the county not otherwise appropriated, and to draw a

 4  warrant in the sum of, $2,400,000, which amount includes

 5  statutory attorney's fees and costs, for the benefit of James

 6  T. Edwards.

 7         Section 3.  The government entity responsible for

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

 9  Health Care Administration the amount due under section

10  409.910, Florida Statutes, prior to disbursing any funds to

11  the claimant. Any remaining proceeds shall be placed in the

12  Special Needs Trust created for the exclusive use and benefit

13  of James T. Edwards, to compensate him for injuries and

14  damages sustained.

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

16  law.

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