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The Special Master on Claim Bills recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 41-47

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and insert:

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     Section 2. Orange County is authorized and directed to

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appropriate from funds of the county not otherwise appropriated

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and to draw a warrant payable to Stacie Wagner, mother of

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decedent minor Angelica Hernandez, for the total amount of

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$652,080, as compensation for injuries and damages sustained due

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to the death of her daughter as a result of the negligence of an

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employee of the Orange County Fire Department. Such funds are

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inclusive of costs and attorney's fees as limited by s. 768.28,

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Florida Statutes.

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     Section 3. The county shall pay to the Agency for Health

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Care Administration the amount due under s. 409.910, Florida

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Statutes, if any, prior to disbursing any funds to the claimant.

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The amount due shall be equal to all unreimbursed medical

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payments paid by Medicaid up to the date upon which this act

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becomes law.

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(Redesignate subsequent sections.)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 32-35

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and insert:

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     WHEREAS, a de novo review of the record reflects that a

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more reasonable and appropriate apportionment of liability is

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that Orange County was 51-percent liable in causing Angelica's

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death, Angelica was 39-percent liable, and Stacie Wagner was

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10-percent liable, which, with appropriate set-offs, reduces

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the amount to $752,080, and

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     WHEREAS, pursuant to the limitations on the waiver of

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sovereign immunity set forth in s. 768.28, Florida Statutes,

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Orange County has paid $100,000, leaving a balance owed in the

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amount of $652,080, NOW, THEREFORE,

4/9/2008  11:05:00 AM     600-02840-08