CS/HB 1539

1
A bill to be entitled
2An act relating to Miami-Dade County; providing for the
3relief of Schneidine Theogene, a minor, by and through her
4parent and natural guardian, Jeanne Coicou, to compensate
5Schneidine for injuries sustained as a result of the
6negligence of a Miami-Dade County bus driver; providing
7for an appropriation; providing a limitation on the
8payment of fees and costs; providing an effective date.
9
10     WHEREAS, on November 24, 2004, in Miami-Dade County, Jeanne
11Coicou was driving her minivan, which was occupied by her 7-
12year-old daughter, Schneidine Theogene, and three other
13occupants, when the operator of a Miami-Dade County bus failed
14to stop at a red light causing the bus to collide into the
15minivan, and
16     WHEREAS, because of the force of the collision and the
17crash dynamics, Schneidine was ejected from the minivan and
18sustained brain damage, rib fractures, and jaw fractures along
19with other catastrophic and life-altering injuries even though
20she was wearing a seatbelt, and
21     WHEREAS, Schneidine underwent various surgical procedures
22and remained hospitalized at Jackson Memorial Hospital and
23Jackson Memorial Rehabilitation Center for approximately 10
24weeks, and
25     WHEREAS, Schneidine Theogene's medical expenses totaled
26$482,454.06, and
27     WHEREAS, Schneidine suffered substantial economic damages
28relating to past and future care as well as vocational losses
29due to her severe injuries, and
30     WHEREAS, Thomas Gamboa, Ph.D., an economist, determined
31that Schneidine's future economic losses ranged from $27 million
32to $36 million, and
33     WHEREAS, the parties reached a settlement agreement by
34mediation in which Miami-Dade County agreed to pay $100,000 and
35its insurance companies agreed to pay $4 million, and
36     WHEREAS, Miami-Dade County also agreed to a claim bill in
37the amount of $2.4 million to conclude the total settlement,
38NOW, THEREFORE,
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  The facts stated in the preamble to this act
43are found and declared to be true.
44     Section 2.  Miami-Dade County is authorized and directed to
45appropriate from funds of the county not otherwise encumbered
46and draw a warrant in the sum of $2.4 million, payable to Jeanne
47Coicou, parent and natural guardian of Schneidine Theogene.
48After payment of any outstanding liens and attorney's fees,
49costs, and lobbying fees as provided in section 3, the remainder
50shall be placed in a Special Needs Trust created for the
51exclusive use and benefit of Schneidine Theogene, a minor, as
52compensation for injuries and damages sustained due to the
53negligence of a bus driver employed by Miami-Dade County.
54     Section 3.  This award is intended to provide the sole
55compensation for all present and future claims arising out of
56the factual situation described in this act which resulted in
57the injuries to Schneidine Theogene. Not more than 25 percent of
58the award may be paid by the claimant for attorney's fees,
59lobbying fees, costs, or other similar expenses.
60     Section 4.  This act shall take effect upon becoming a law.


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