House Bill 0701

    Florida House of Representatives - 1999                 HB 701

        By the Committee on Claims and Representatives Morroni,
    Ritter and Rayson





  1                      A bill to be entitled

  2         An act relating to the City of Clearwater;

  3         providing for the relief of Paul W. Gilfoyle,

  4         through his guardian Anne-Marie Cheroke

  5         Lindsey; providing for an appropriation to

  6         compensate him for damages sustained in a

  7         collision with a police car driven by a City of

  8         Clearwater patrolman; providing an effective

  9         date.

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11         WHEREAS, on September 5, 1993, Paul W. Gilfoyle

12  sustained multiple injuries, including a closed head injury,

13  as a result of a motor vehicle accident between a vehicle he

14  was operating and a police vehicle owned by the City of

15  Clearwater, which accident occurred at the intersection of

16  U.S. 19 and Drew Street in Clearwater, Pinellas County, and

17         WHEREAS, as a result of the accident, Paul W. Gilfoyle

18  was rendered totally incapacitated, and a court has appointed

19  Anne-Marie Cheroke Lindsey as plenary guardian of Paul W.

20  Gilfoyle's person and property, and

21         WHEREAS, the parties entered into a settlement

22  agreement in the amount of $325,000, of which the City of

23  Clearwater is to pay the statutory limit of $100,000 by means

24  of a check made payable to Anne-Marie Cheroke Lindsey, as

25  guardian of Paul W. Gilfoyle; Daniel Newman, attorney; and

26  Florida Health Sciences Center, and

27         WHEREAS, the City of Clearwater has also agreed not to

28  contest or object to enactment of a claim bill for the

29  remaining $225,000, NOW, THEREFORE,

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31  Be It Enacted by the Legislature of the State of Florida:

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






    Florida House of Representatives - 1999                 HB 701

    176-137-99






  1         Section 1.  The facts stated in the preamble to this

  2  act are found and declared to be true.

  3         Section 2.  The City of Clearwater is authorized and

  4  directed to appropriate from funds of the city not otherwise

  5  appropriated and to draw a warrant in the sum of $225,000

  6  payable to Anne-Marie Cheroke Lindsey, as guardian of Paul W.

  7  Gilfoyle, as compensation for injuries and damages sustained

  8  in a collision between an automobile driven by Mr. Gilfoyle

  9  and a police car driven by a City of Clearwater patrolman,

10  such compensation to be used to pay legal fees incurred on Mr.

11  Gilfoyle's behalf as a result of such accident and to fund a

12  special needs trust for the future care of Mr. Gilfoyle.

13         Section 3.  This act shall take effect upon becoming a

14  law.

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