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NOTICE OF PUBLICATION TO WHOM IT MAY CONCERN: An act for the relief of Ana Maria Corpora, as Personal Representative of the Estate of James Corpora; providing an appropriation to compensate her and the Estate for the death of James Corpora as a result of the negligence of a Miami-Dade County employee; providing a limitation on the payment of fees and costs; providing legislative intent as to the waiver of certain liens; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. (1) The facts giving rise to this claim are as follows: (a) On November 8, 2024, Angel Maria Brown, a bus operator employed by Miami-Dade County and acting within the course and scope of her employment, was operating a Miami-Dade County bus southbound on Washington Avenue in Miami Beach, Miami-Dade County, Florida. (b) At that time, Mr. James Corpora was lawfully parked in a designated parking space on the west side of Washington Avenue, near or at the intersection of Washington Avenue and 13th Street, in Miami Beach, Florida. (c) The Plaintiff alleges that, rather than maintaining the bus within the travel lane, Ms. Brown drove the bus through the line of empty parking spaces located on the west side of Washington Avenue. (d) The Plaintiff further alleges that Ms. Brown brought the bus to a stop behind Mr. Corpora's lawfully parked vehicle under the mistaken belief that he was preparing to exit the parking space and drive away. (e) The Plaintiff further alleges that Mr. Corpora exited his vehicle and was standing adjacent to the driver's side door of his vehicle. (f) The Plaintiff further alleges that Ms. Brown then attempted to maneuver the bus around both Mr. Corpora and his parked vehicle to enter a bus stop located directly in front of Mr. Corpora's vehicle. The Plaintiff further alleges that in doing so, Ms. Brown misjudged the angle and positioning of the bus relative to Mr. Corpora and his vehicle. (g) The Plaintiff further alleges that as a result of this miscalculation and negligent operation of the bus, the rear portion of the bus struck and pinned Mr. Corpora between the bus and his own vehicle. (h) The Plaintiff further alleges that passengers on the bus alerted Ms. Brown that Mr. Corpora had been struck and was pinned and that in response, Ms. Brown turned the steering wheel to the left, causing the rear of the bus to move further to the right and to further crush Mr. Corpora between the bus and his vehicle before he was ultimately released and fell to the ground. (i) Emergency responders were summoned, but Mr. Corpora succumbed to his injuries shortly thereafter and died as a result of the trauma inflicted in the incident. (j) At all times material, Ms. Brown was operating the bus within the course and scope of her employment with Miami-Dade County, a political subdivision of the State of Florida. Miami-Dade County is vicariously liable for the alleged negligence of its employee. (2) (a) As a result of the incident of November 8, 2024, a wrongful death action was filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, styled "Ana Corpora, as Personal Representative of the Estate of James Corpora v. Miami-Dade County," Case No. 25-12498-CA-01 (22) (the "Action"). (b) The parties engaged in litigation and negotiation and ultimately reached a settlement. (c) Pursuant to the settlement, Miami-Dade County agreed to pay the sum of $200,000.00 to Ana Maria Corpora, as Personal Representative of the Estate of James Corpora, in full satisfaction of Miami-Dade County's liability up to the limits of the sovereign immunity waiver set forth in s. 768.28, Florida Statutes, applicable to a claim against a governmental entity arising out of a single incident or occurrence. (d) As part of the same settlement, Miami-Dade County also agreed to support the filing and passage of a claims bill in the Legislature for the additional amount of $1,050,000.00 as compensation to the Estate and survivors of Mr. Corpora, and the Plaintiff agreed she would not seek a claims bill in an amount exceeding $1,050,000.00. (e) The settlement expressly provides that the passage of a claims bill is not a condition precedent to or of the settlement, and Miami-Dade County has denied, and continues to deny, any admission of liability, and has entered into the settlement in order to avoid the uncertainties and expense of further litigation. (f) The $200,000.00 agreed to be paid by Miami-Dade County represents the maximum amount recoverable from Miami-Dade County under the sovereign immunity limits of s. 768.28, Florida Statutes, for this incident without further legislative action. That amount has been, or will be, paid to or for the benefit of the Estate of James Corpora and its beneficiaries in accordance with the settlement and applicable law. (g) An additional amount of $1,050,000.00 remains unpaid because payment of such excess damages is prohibited absent an act of the Legislature under s. 768.28(5), Florida Statutes. This act is intended to authorize and direct payment of that additional amount. (3) (a) As Personal Representative of the Estate of James Corpora, Ana Maria Corpora has executed a Release of All Claims in favor of Miami-Dade County and its past, present, and future officers, employees, agents, and representatives, which release provides, among other things, that: She releases all claims arising out of or related to the incident of November 8, 2024, subject to seeking and receiving payment of any amounts in excess of the sovereign immunity caps by way of this claims bill; and She agrees to be solely responsible for, to satisfy from the settlement and claims bill proceeds, and to indemnify and hold Miami-Dade County and its counsel harmless from, any and all liens, claims, debts, subrogation interests, or reimbursement obligations of Medicare, Medicaid, or any other collateral source or third-party payor, including but not limited to those arising under the Medicare Secondary Payer Statute, 42 U.S.C. s. 1395y(b)(2), its implementing regulations, and any analogous state laws; and She agrees to comply with all notice, reporting, and reimbursement obligations relating to Medicare, Medicaid, and other lienholders and to fully cooperate in providing information required for such purposes. (b) The Legislature recognizes and adopts, for purposes of this claim bill, those indemnity and lien-satisfaction responsibilities as between the claimant and Miami-Dade County and intends that Miami-Dade County bear no responsibility for satisfaction of any such liens or claims from the funds appropriated by this act beyond the payment described in section 2 of this act. 4) The Legislature finds and declares that: (a) The alleged negligence of Miami-Dade County's employee, acting within the course and scope of her employment, was the legal and proximate cause of the injuries and subsequent death of James Corpora. (b) As a result of this alleged negligence, the Estate of James Corpora and his survivors have suffered significant damages, including, but not limited to, loss of support and services, loss of companionship and protection, mental pain and suffering, and other damages cognizable under Florida's Wrongful Death Act. (c) Equity and justice require that the State, through its political subdivision Miami-Dade County, provide additional compensation in excess of the sovereign immunity limitation in order to fairly compensate the Estate and survivors of Mr. Corpora. Section 2. (1) The sum of $1,050,000 is appropriated out of funds of Miami-Dade County, a political subdivision of the State of Florida, and is authorized and directed to be paid to Ana Maria Corpora, as Personal Representative of the Estate of James Corpora, as further compensation for the wrongful death of James Corpora arising out of the incident that occurred on November 8, 2024. (2) This appropriation is in addition to, and not in lieu of, the $200,000.00 previously paid or to be paid by Miami-Dade County pursuant to s. 768.28, Florida Statutes, and the settlement of the Action, and is intended to satisfy, to the extent of this appropriation, all remaining claims of the Estate of James Corpora and of all survivors against Miami-Dade County and its officers, employees, and agents arising out of the events of November 8, 2024. (3) Payment made pursuant to this act shall be made in a lump sum by Miami-Dade County to Ana Maria Corpora, as Personal Representative of the Estate of James Corpora, for distribution in accordance with the Florida Wrongful Death Act, the orders of the circuit court in the Action, and any applicable probate or guardianship orders. Section 3 (1) The amount awarded under this act is intended to provide the sole compensation from Miami-Dade County for all present and future claims arising out of the facts described in this act which may be asserted by or on behalf of the Estate of James Corpora and any survivors, and no additional claims for compensation against Miami-Dade County or its officers, employees, or agents arising out of the same incident shall be compensable, except as otherwise provided by law. (2) Any liens, subrogation interests, or claims for reimbursement, including, but not limited to, those of Medicare, Medicaid, private health insurers, hospitals, medical providers, or other collateral sources, shall be the sole responsibility of the claimant to satisfy from the proceeds of the settlement and this claims bill, consistent with the Release of All Claims and applicable law. Section 4 Because the payment authorized by this act is made in part in consideration of the claimant's agreement to indemnify and hold harmless Miami-Dade County and its counsel with respect to any Medicare, Medicaid, or other third-party liens or claims for reimbursement, the Legislature intends that Miami-Dade County shall not be liable for any such liens, claims, or reimbursement obligations arising out of the incident of November 8, 2024, and that any such liabilities shall be satisfied solely from the funds paid to the claimant. Section 5. (1) The attorneys' fees, lobbying fees, and costs incurred by the claimant in obtaining this act may not exceed 25 percent of the amount awarded under this act. (2) Any fees, costs, or other compensation paid in violation of this section are hereby declared contrary to public policy and Section 6. This act shall take effect upon becoming a law. IPL0346570 Jun 5,12,19,26 2026
Post Date: 06/05 12:00 AM
Refcode: #IPL0346570 
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