HB 0303 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to Miami-Dade County; providing for the
13	relief of Jonathan Snell, a minor, and Erika Snell, a
14	minor, by and through their mother and natural guardian,
15	Latisha Snell; providing for an appropriation to
16	compensate them for injuries and damages sustained as a
17	result of the negligence of Miami-Dade County; providing
18	for the use of such funds; providing for payment of costs,
19	attorneys' fees, and outstanding medical bills; providing
20	for repayment of Medicaid liens; providing an effective
21	date.
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23	WHEREAS, on May 26, 1998, 20-month-old Jonathan Snell and
24	his sister, Erika Snell, age 3, were both run over by a Miami-
25	Dade County bus, causing severe injuries to their lower
26	extremities, and
27	WHEREAS, while the children were positioned on a grassy
28	median off the roadway, the bus, upon making a right-hand turn
29	too sharply, jumped the curb with its rear wheels and ran over
30	the children, and
31	WHEREAS, the incident, which occurred at the intersection
32	of Northwest 14th Avenue and 183rd Street in Miami-Dade County,
33	Florida, was witnessed by several independent persons and
34	responsibility for the negligence of the bus operator was not
35	contested, and
36	WHEREAS, multiple surgical procedures were performed on
37	both children at Jackson Memorial Hospital by a skilled
38	orthopedic surgeon, Steven Stricker, M.D., and each child has
39	been left with permanent impairment and scarring, and
40	WHEREAS, a lawsuit for damages was brought against Miami-
41	Dade County by and through the children's mother and guardian,
42	Latisha Snell, and after extensive discovery just prior to
43	trial, the case was settled during a second mediation in
44	exchange for Miami-Dade County's support of a claim bill, and
45	WHEREAS, Miami-Dade County agreed to the entry of a final
46	judgment for Jonathan Snell in the amount of $400,000 and for
47	Erika Snell in the amount of $137,000, and the county has
48	partially satisfied the final judgment by paying $100,000 for
49	the benefit of each child in accordance with the limits
50	established under s. 768.28, Florida Statutes, NOW, THEREFORE,
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52	Be It Enacted by the Legislature of the State of Florida:
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54	Section 1. The facts stated in the preamble to this act
55	are found and declared to be true.
56	Section 2. The Miami-Dade County Commission is authorized
57	and directed to appropriate from funds of the county not
58	otherwise appropriated and to draw a warrant in the sum of
59	$300,000 payable to Latisha Snell, as guardian of Jonathan
60	Snell, as compensation for injuries and damages sustained by
61	Jonathan Snell, minor child of Latisha Snell, due to the
62	negligence of Miami-Dade County.
63	Section 3. The Miami-Dade County Commission is authorized
64	and directed to appropriate from funds of the county not
65	otherwise appropriated and to draw a warrant in the sum of
66	$37,000 payable to Latisha Snell, as guardian of Erika Snell, as
67	compensation for injuries and damages sustained by Erika Snell,
68	minor child of Latisha Snell, due to the negligence of Miami-
69	Dade County.
70	Section 4. The governmental entity responsible for payment
71	of the warrant shall pay to the Florida Agency for Health Care
72	Administration the amount due under section 409.910, Florida
73	Statutes, prior to disbursing any funds to the claimant. The
74	amount due the agency shall be equal to all unreimbursed medical
75	payments paid by Medicaid up to the date upon which this bill
76	becomes a law.
77	Section 5. After payment of attorneys' fees, costs, liens,
78	and medical bills, the balance of the moneys appropriated shall
79	be used to purchase an annuity for each child. Each child shall
80	be eligible to receive periodic payments from his or her annuity
81	upon reaching the age of majority.
82	Section 6. This act shall take effect upon becoming a law.