Florida 2022 Regular Session

Florida House Bill H6515 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12		A bill to be entitled 1
13	13		An act for the relief of Christeia Jones, as guardian 2
14	14		of Logan Grant, Denard Maybin, Jr., and Lanard Maybin; 3
15	15		providing an appropriation to compensate them for 4
16	16		injuries and damages sustained as a result of an 5
17	17		automobile accident caused by Trooper Raul Umana, an 6
18	18		employee of the Florida Highway Patrol, a division of 7
19	19		the Department of Highway Safety and Motor Vehicles; 8
20	20		providing a limitation on the payment of compen sation 9
21	21		and specified fees; providing an effective date. 10
22	22		11
23	23		WHEREAS, shortly before 9:25 p.m. on May 18, 2014, Florida 12
24	24		Highway Patrol Trooper Raul Umana attempted to cross through a 13
25	25		gap in the median onto the southbound lanes of I -75, south of 14
26	26		Ocala, and 15
27	27		WHEREAS, Trooper Umana misjudged the turn and his vehicle 16
28	28		struck the concrete barrier before crossing into the southbound 17
29	29		lane and striking a car driven by Christeia Jones, and 18
30	30		WHEREAS, Ms. Jones was transporting her minor sons, 2 -year-19
31	31		old Logan Grant, who was secured in a forward -facing infant 20
32	32		seat, 7-year-old Denard Maybin, Jr., and 5 -year-old Lanard 21
33	33		Maybin, in the backseat of the car, and 22
34	34		WHEREAS, after being struck by Trooper Umana's vehicle, Ms. 23
35	35		Jones's car was struck in the rear by a tractor trail er, and the 24
36	36		impact crushed the trunk and rear seating area of the car, and 25 
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	38	+	CS/CS/HB 6515 2022
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42	42		CODING: Words stricken are deletions; words underlined are additions.
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45	45		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47		WHEREAS, the car was propelled off the road, where it 26
48	48		struck a tree and caught fire, and 27
49	49		WHEREAS, all three children were transported by helicopter 28
50	50		to the University of Florida He alth Shands Hospital in 29
51	51		Gainesville, and 30
52	52		WHEREAS, at the hospital, Logan Grant was diagnosed with a 31
53	53		severe traumatic brain injury, extensive facial fractures, 32
54	54		pulmonary edema, and respiratory failure, and 33
55	55		WHEREAS, Logan Grant remained in the hospital for a month 34
56	56		before he was discharged to Brooks Rehabilitation Hospital in 35
57	57		Jacksonville for 2 weeks of brain injury rehabilitation, and 36
58	58		WHEREAS, Logan Grant continues to receive speech therapy 37
59	59		weekly and struggles with expressive and receptive language, and 38
60	60		WHEREAS, Logan Grant also exhibits left -side body weakness 39
61	61		and behavioral difficulties, and 40
62	62		WHEREAS, Logan Grant's past medical bills exceed $310,000, 41
63	63		and Medicaid has asserted a lien of $135,161.64, and 42
64	64		WHEREAS, pediatric physical medicine and rehabilit ation 43
65	65		specialist Dr. Paul Kornberg has examined Logan Grant and has 44
66	66		observed ongoing left hemiparesis with motor, perceptual, 45
67	67		communicative, cognitive, and behavioral impairments of a 46
68	68		permanent nature which will prevent him from achieving gainful 47
69	69		employment, and 48
70	70		WHEREAS, Dr. Kornberg reported that Logan Grant is at a 49
71	71		high risk for developing seizures in the future, requires 50 
72	72
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77	77		CODING: Words stricken are deletions; words underlined are additions.
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80	80		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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82	82		ongoing bracing of his left ankle to improve gait, is 51
83	83		anticipated to require a scooter for long -distance mobility by 52
84	84		the age of 30, is likely to require invasive treatment or 53
85	85		orthopedic surgery in the form of left heel cord lengthening in 54
86	86		the future, and is expected to be unable to live alone as an 55
87	87		adult, necessitating guardianship and attendant care, and 56
88		-	WHEREAS, Dr. Michael Shahnasari an has estimated ~~the cost of~~ 57
89		-	~~Logan~~ Grant's future medical and palliative care needs to be 58
	88	+	WHEREAS, Dr. Michael Shahnasari an has estimated Logan 57
	89	+	Grant's future medical and palliative care needs to be 58
90	90		$6,702,555, and his loss of earning capacity over his lifetime 59
91	91		to be between $1,543,014 and $2,810,754, and 60
92	92		WHEREAS, Lanard Maybin arrived at Shands Hospital with a 61
93	93		Glasgow Coma Scale of 7, a head injury, a facial laceration, and 62
94	94		a shoulder injury that required surgery, and 63
95	95		WHEREAS, a plastic surgeon repaired Lanard Maybin's facial 64
96	96		laceration during his stay in the pediatric intensive care unit 65
97	97		before he was discharged from the hospital on May 22, 2014, and 66
98	98		WHEREAS, since the accident, Lanard Maybin has experienced 67
99	99		night terrors and changes in behavior and temperament, and has 68
100	100		gained significant weight, and 69
101	101		WHEREAS, in early 2019, Dr. Patrick Gorman evaluated Lanard 70
102	102		Maybin and diagnosed him as having posttraumatic stress disorder 71
103	103		and significant neurocognitive difficulties secondary to 72
104	104		traumatic brain injury, and 73
105	105		WHEREAS, Lanard Maybin's past medical bills amount to 74
106	106		$35,584.16, and Medicaid has asserted a lien in the amount of 75 
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112	112		CODING: Words stricken are deletions; words underlined are additions.
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115	115		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117	117		$22,525.66, and 76
118	118		WHEREAS, at Shands Hospital, Denard Maybin, Jr., was 77
119	119		intubated, was put on mechanical ventilation for a day, and was 78
120	120		diagnosed with a severe traumatic brain injury and a 79
121	121		subcutaneous soft tissue scalp laceration that required surgery, 80
122	122		and 81
123	123		WHEREAS, Denard Maybin, Jr., remained hospitalized for 2 82
124	124		weeks before he was transferred to Brooks Rehabilitation Center 83
125	125		for acute inpatient rehabilitation, and 84
126	126		WHEREAS, the rehabilitation center noted that Denard 85
127	127		Maybin, Jr., had significant cognitive d eficits as well as 86
128	128		impulsivity and behavioral changes, and 87
129	129		WHEREAS, Denard Maybin, Jr., continues to receive 88
130	130		occupational therapy, physical therapy, and speech therapy, and 89
131	131		WHEREAS, the past medical bills of Denard Maybin, Jr., 90
132	132		exceed $175,000, and Medic aid has asserted a lien of $96,833.99, 91
133	133		and 92
134	134		WHEREAS, Dr. Kornberg has diagnosed Denard Maybin, Jr., 93
135	135		with permanent impairment that will prevent him from achieving 94
136	136		gainful employment, and 95
137	137		WHEREAS, Dr. Kornberg reported that Denard Maybin, Jr., is 96
138	138		at a high risk for developing seizures in the future and that he 97
139	139		is expected to be unable to live alone as an adult, 98
140	140		necessitating guardianship and attendant care, and 99
141		-	WHEREAS, Dr. Shahnasarian has estimated ~~the cost of future~~ 100 
	141	+	WHEREAS, Dr. Shahnasarian has estimated future medical and 100 
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	143	+	CS/CS/HB 6515 2022
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147	147		CODING: Words stricken are deletions; words underlined are additions.
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150	150		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152		-	~~medical and~~ palliative care needs of Denard ~~Maybin~~, Jr., to be 101
153		-	~~$5,773,129,~~ and his loss of earning capacity over his lifetime 102
154		-	~~to be between~~ $1,568,817 and $2,858,577, and 103
	152	+	palliative care needs of Denard Maybi n, Jr., to be $5,773,129, 101
	153	+	and his loss of earning capacity over his lifetime to be between 102
	154	+	$1,568,817 and $2,858,577, and 103
155	155		WHEREAS, Trooper Umana was an employee of the Florida 104
156	156		Highway Patrol, a division of the Department of Highway Safety 105
157	157		and Motor Vehicles, and 106
158	158		WHEREAS, Trooper Umana had a duty to use reasonable care to 107
159	159		avoid accidents and injury to himself and others while driving 108
160	160		his patrol vehicle, and 109
161	161		WHEREAS, Ms. Jones, as parent and natural guardian of Logan 110
162	162		Grant, Denard Maybin, Jr., and Lanard M aybin, through a lawsuit 111
163	163		filed in the Circuit Court of the Ninth Judicial Circuit in and 112
164	164		for Orange County under case number 2017 -CA-00732-O, alleged 113
165	165		that the negligence of the Florida Highway Patrol, through its 114
166	166		trooper, was the proximate cause of serious injuries to her 115
167	167		minor sons, and 116
168	168		WHEREAS, Ms. Jones, through a separate lawsuit filed in the 117
169	169		Circuit Court of the Ninth Judicial Circuit in and for Orange 118
170	170		County under case number 2018 -CA-004258-O, alleged that the 119
171	171		negligence of the Florida Highway Patrol , through its trooper, 120
172	172		was the proximate cause of her own injuries, and 121
173	173		WHEREAS, on November 30, 2018, in case number 2017 -CA-122
174	174		00732-O, Ms. Jones and the Florida Highway Patrol entered into a 123
175	175		settlement agreement regarding the claims of Ms. Jones and her 124
176	176		minor sons which arose out of the accident described in this 125 
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182	182		CODING: Words stricken are deletions; words underlined are additions.
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185	185		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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187	187		act, including the claims under case number 2018 -CA-004258-O, 126
188	188		which are to be dismissed with prejudice, and 127
189	189		WHEREAS, Ms. Jones and the Florida Highway Patrol 128
190	190		acknowledged that if the case had gon e to trial, a jury could 129
191	191		reasonably have awarded damages to Ms. Jones in the amount of 130
192	192		$18 million, and both parties agreed to a settlement in the 131
193		-	amount of $7.785 million, and 132
194		-	WHEREAS, the settlement agreement ~~required~~ the Division of 133
	193	+	total amount of $7.785 million, and 132
	194	+	WHEREAS, the settlement agreement requires the Division of 133
195	195		Risk Management of the Department of Financial Services to pay 134
196	196		$285,000 to Ms. Jones pursuant to the statutory limits of 135
197	197		liability in s. 768.28, Florida Statutes, and 136
198	198		WHEREAS, Ms. Jones seeks satisfaction of the remaining 137
199	199		balance of the settlement agreement, which is $7.5 million, NOW, 138
200	200		THEREFORE, 139
201	201		140
202	202		Be It Enacted by the Legislature of the State of Florida: 141
203	203		142
204	204		Section 1. The facts stated in the preamble to this act 143
205	205		are found and declared to be true. 144
206	206		Section 2. The sum of $7.5 million is appropriated from 145
207	207		the Highway Safety Operating Trust Fund to the Department of 146
208	208		Highway Safety and Motor Vehicles for the relief of Christeia 147
209	209		Jones as compensation for injuries and damages sustained by her 148
210	210		and her minor sons, Logan Grant, Denard Maybin, Jr., and Lanard 149
211	211		Maybin. 150 
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222	222		Section 3. The Chief Financial Officer is directed to draw 151
223	223		a warrant in favor of Christeia Jones in the sum of $7.5 152
224	224		million, minus payments required to satisfy outstanding Medicaid 153
225	225		liens relating to the medical expenses and care of her and her 154
226	226		minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin, 155
227	227		upon funds of the Department of Highway Safety and Motor 156
228	228		Vehicles in the State Treasury and to pay the same out of such 157
229	229		funds in the State Treasury. 158
230	230		Section 4. The amount paid by the Division of Risk 159
231	231		Management of the Department of Financial Services pursuant to 160
232	232		s. 768.28, Florida Statutes, and the amount awarded under this 161
233	233		act are intended to provide the sole compensation for all 162
234	234		present and future claims arising out of the factual situation 163
235	235		described in this act which resulted in injuries and damages 164
236	236		sustained by Christeia Jones and her minor sons, Logan Grant, 165
237	237		Denard Maybin, Jr., and Lanard Maybin. Of the amount awarded 166
238	238		under this act, the total amount paid for attorney fees may not 167
239	239		exceed $1,500,000, the total amount paid for lobbying fees may 168
240	240		not exceed $375,000, and the total amount paid for costs or 169
241	241		other similar expenses may not exceed $34,849.92. 170
242	242		Section 5. This act shall take effect upon becoming a law. 171