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