House Bill 1557

    Florida House of Representatives - 2000                HB 1557

        By the Committee on Claims and Representatives Morroni and
    Rayson





  1                      A bill to be entitled

  2         An act relating to the City of Tallahassee;

  3         providing for the relief of Jason Crosby and

  4         Donna Crosby, mother of Jason Crosby; providing

  5         for an appropriation to compensate them for

  6         injuries and damages sustained as a result of

  7         an automobile accident involving Jason Crosby,

  8         a minor, and police officers employed by the

  9         City of Tallahassee; providing an effective

10         date.

11

12         WHEREAS, on January 16, 1996, 20-year-old Jason Crosby

13  was lawfully driving his vehicle in the southbound lane on

14  Capital Circle in the City of Tallahassee and was crossing

15  Mahan Drive when a vehicle driven by David Sykes hit Jason

16  Crosby's vehicle, causing permanent injuries to Jason Crosby,

17  and

18         WHEREAS, it is alleged that David Sykes's vehicle was

19  at the time of the accident being negligently pursued by

20  employees of the Tallahassee Police Department, and

21         WHEREAS, the accident of January 16, 1996, formed the

22  basis of legal action against the City of Tallahassee in 1997,

23  and

24         WHEREAS, the court denied motions for summary judgment

25  which were filed by the City of Tallahassee and the Crosbys

26  and set the matter for a 2-week trial period beginning April

27  5, 1999, and

28         WHEREAS, just prior to trial, the City of Tallahassee,

29  Jason Crosby, and Donna Crosby reached an agreement whereby

30  the city agreed to pay to Donna Crosby $100,000, pursuant to

31  the statutory limits on waiver of sovereign immunity, for

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






    Florida House of Representatives - 2000                HB 1557

    176-150A-00






  1  costs and attorney's fees and to provide a structured annuity

  2  for Jason Crosby with monthly lifetime and income supplement

  3  and 3-percent cost-of-living adjustments guaranteed for 25

  4  years at a cost to the city not to exceed $300,000 present

  5  value, and

  6         WHEREAS, the City of Tallahassee has paid into a

  7  separate interest-bearing fund $200,000 for the purpose of

  8  applying those funds to the total settlement amount contingent

  9  upon the passage of this act, and

10         WHEREAS, the City of Tallahassee, Jason Crosby, and

11  Donna Crosby have consented to the filing of this act and have

12  agreed that, if this act becomes law, the City of Tallahassee,

13  within 30 days after the effective date of the act, will fund

14  the annuity, NOW, THEREFORE,

15

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

17

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

19  act are found and declared to be true.

20         Section 2.  The City of Tallahassee is authorized and

21  directed to appropriate from funds of the city not otherwise

22  appropriated and to draw a warrant in the sum of $200,000

23  payable to Jason Crosby to be applied toward the funding of an

24  annuity for the benefit of Jason Crosby. This amount will be

25  in addition to the funds already set aside and agreed to by

26  the City of Tallahassee, Jason Crosby, and Donna Crosby.

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

28  law.

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