HB 0817 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 Hillsborough County; providing for the
13	relief of James T. Edwards; providing for an appropriation
14	to compensate him for injuries suffered as a result of the
15	negligence of Hillsborough County; providing for repayment
16	of Medicaid lien; providing for the use of funds;
17	providing an effective date.
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19	WHEREAS, in an incident occurring on May 31, 1997, James T.
20	Edwards was severely and permanently injured as a result of the
21	negligence of Hillsborough County, in that the county failed to
22	immobilize James T. Edwards' head, neck, and spine while
23	transporting him to the hospital, and
24	WHEREAS, as a result of that negligence, James T. Edwards
25	sustained injuries to his spinal cord which have resulted in
26	complete and permanent paralysis to his legs, and
27	WHEREAS, James T. Edwards instituted a lawsuit against
28	Hillsborough County as a result of such injuries, which lawsuit
29	was scheduled to be tried beginning August 5, 2002, and
30	WHEREAS, before commencement of the trial, James T. Edwards
31	and Hillsborough County entered into a settlement agreement in
32	the amount of $2,500,000 under which the county would pay to
33	Edwards $100,000 and support the passage of a claim bill to
34	provide for payment of the balance of the settlement amount,
35	NOW, THEREFORE,
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37	Be It Enacted by the Legislature of the State of Florida:
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39	Section 1. The facts stated in the preamble to this act
40	are found and declared to be true.
41	Section 2. The Hillsborough County Board of County
42	Commissioners is authorized and directed to appropriate from
43	funds of the county not otherwise appropriated and to draw a
44	warrant in the sum of $2,400,000, which amount includes
45	statutory attorney's fees and costs, for the benefit of James T.
46	Edwards.
47	Section 3. The governmental entity responsible for payment
48	of the warrant shall pay to the Florida Agency for Health Care
49	Administration the amount due under s. 409.910, Florida
50	Statutes, prior to disbursing any funds to the claimant. Any
51	remaining proceeds shall be placed in the Special Needs Trust
52	created for the exclusive use and benefit of James T. Edwards to
53	compensate him for injuries and damages sustained.
54	Section 4. This act shall take effect upon becoming a law.