Two Florida lawmakers are already looking ahead to next year鈥檚 legislative session to revive a bipartisan effort to reform the state鈥檚 claims bill process. It allows those who sue a government agency over things like injuries or negligence to receive the rest of the money awarded to them鈥攁 process that can often take years.
In 2012, Mary Mifflin-Gee was having a seizure in a parking lot. The City of Miami鈥檚 fire rescue responded.
鈥淎nd, as they loaded Ms. Mifflin-Gee out of the car, she was not strapped properly to the gurney,鈥� said Rep. Evan Jenne (D-Dania Beach), during a House committee hearing. 鈥淎s they tried to put her into the ambulance, she fell out, striking her head violently.鈥�
So, Jenne says as a result, Mary Mifflin-Gee suffered a severe traumatic brain injury.
鈥淪he underwent a left craniectomy, cranioplasty, a number of different issues that have come up where there are numerous complications: dysphasia, hypertension, anemia, chronic disease, acute renal failure, respiratory distress, urinary tract infections, rectal bleeding, and deep vein thrombosis,鈥� he added.
In 2013, Mary鈥檚 sister鈥攚ho鈥檚 now her legal guardian鈥攆iled a lawsuit. The city of Miami agreed to settle for $2.5 million in 2015. Mary has received $200,000. But, to get the rest, she needed legislative approval through what鈥檚 known as the 鈥淐laims bill process.鈥�
Jenne agreed to sponsor that bill this year, and it鈥檚 one of the 13 claims bill sent to the Governor for approval.
This is the first time that claims bill was ever filed. That鈥檚 unusual in a process that鈥檚 often called 鈥渇lawed.鈥� Victims usually have to wait years to get legislative approval, even if all parties agreed on the settled claim.
It鈥檚 why Jenne says the claims bill process needs to be reformed. He鈥檇 filed two other claims bills this year. Both died in the legislative committee process.
So, Jenne along with Rep. James Grant (R-Tampa) filed a measure to do just that. But, it never got taken up in any committees. Still, Jenne says they鈥檒l be back next year.
鈥淩ep. Jamie Grant鈥攁 Republican from the West Coast鈥攁nd I鈥檓 a Democrat from the East coast鈥攚e鈥檙e working together on a bill to do just that to reform that process,鈥� stated Jenne, following the end of Session. 鈥淲e鈥檝e already started working with the chairs who might see that bill next year to find out what they need to see in it in order for it to get a hearing. So, that鈥檚 one that I鈥檓 going to be definitely bringing back and I鈥檝e made a commitment and so has Representative Grant. And, I鈥檓 going to keep carrying that bill until we get it done.鈥�
State Representative Grant chaired a committee on claims bills in 2013. At the time, he鈥檇 intended to put forth a committee bill to change the current claims bill process. Now, he says he鈥檚 trying to put a lot of those ideas into a bill everyone can get behind.
鈥淵eah, I think it kind of stems out of some effort that we鈥檝e had in the House over the last few years,鈥� Grant said. Representative Jenne and myself both feel passionate that the process ought to be a lot more transparent. It ought to be a lot less dependent on who your lobbyist is. Somebody who has legitimately, wrongfully been injured ought to not have to be subject to the chaos that sometimes is this process. So, I think we鈥檙e looking again next year.鈥�
While there was no Senate companion this year, Grant says there may be some Senators willing to sponsor it next year.
鈥淯nfortunately, the Senate didn鈥檛 file a bill this year,鈥� he added. 鈥淪en. [Travis] Hutson鈥檚 very interested and others to work with us to work on some of the reforms that came out of the select committee I chaired that we had in the House a couple years ago.鈥�
The bill includes a provision raising a local government鈥檚 initial payout to a victim from the present $200,000 cap to $1 million.
For more news updates, follow Sascha Cordner on Twitter: .
Copyright 2020 WFSU. To see more, visit . 9(MDAyNDY5MjM1MDEyODE2MzMyMTZmZDQwMg001))
