HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 359

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Rubio offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

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

18  act are found and declared to be true.

19         Section 2.  The City of Delray Beach is authorized and

20  directed to appropriate from funds of the city not otherwise

21  appropriated and to draw warrants in the total amount of

22  $1,305,000 payable to Jesner Exanor individually, to Jesner

23  Exanor as legal guardian of minor child Taisha Exanor, and to

24  Gertha Desir as legal guardian of minor child Orlens Poulard,

25  in the ratios of 40 percent, 30 percent, and 30 percent

26  respectively, as compensation for the death of Nancy Mervil,

27  wife of Jesner Exanor and mother of the minor children, due to

28  the negligence of an employee of the City of Delray Beach.

29  After payment of statutory attorney's fees and costs and

30  authorized expenses, the proceeds recovered under this act

31  shall be used to purchase appropriate structured settlement

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    File original & 9 copies    02/25/02
    hbd0016                     03:28 pm         00359-0111-983357




                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 359

    Amendment No. 1 (for drafter's use only)





  1  annuities for the benefit of Jesner Exanor and the minor

  2  children, Taisha Exanor and Orlens Poulard. Appropriate

  3  structured settlement annuities for the benefit of the minor

  4  children must be purchased no later than January 1, 2003.

  5  Amounts payable under this act on behalf of a minor child, as

  6  well as proceeds from appropriate structured settlement

  7  annuities purchased under this act on behalf of a minor child

  8  which are paid while the child is a minor, must be placed in

  9  the guardianship account of the minor child, to be expended

10  under supervision of the circuit court as long as the child is

11  a minor.

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

13  law.

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18  remove:  the entire title

19

20  and insert:

21                  A bill to be entitled

22         An act relating to the City of Delray Beach;

23         providing for the relief of Jesner Exanor, as

24         personal representative of the Estate of Nancy

25         Mervil, on behalf of himself and the two minor

26         children of his deceased wife, Nancy Mervil;

27         authorizing and directing the City of Delray

28         Beach to compensate them for the death of Nancy

29         Mervil due to the negligence of an employee of

30         the city; providing terms and conditions

31         regarding the payment and use of such

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    File original & 9 copies    02/25/02
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                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 359

    Amendment No. 1 (for drafter's use only)





  1         compensation; providing an effective date.

  2

  3         WHEREAS, at approximately 9:38 p.m. on July 27, 2000,

  4  when she was en route to pick up her minor child, Taisha,

  5  Nancy Mervil was stopped at the intersection of Linton

  6  Boulevard and Catherine Drive in Delray Beach, waiting to turn

  7  left, and

  8         WHEREAS, an on-duty police officer employed by the City

  9  of Delray Beach, while responding to a call regarding a

10  domestic disturbance, was traveling eastbound in the outside

11  lane of Linton Boulevard, and

12         WHEREAS, the officer had turned on his vehicle's

13  emergency lights, but failed to turn on his sirens and, while

14  driving his vehicle at a speed of between 85 and 90 mph in a

15  45-mph zone, lost control of his vehicle, struck the rear of

16  Nancy Mervil's vehicle, and caused her vehicle to roll over,

17  become airborne, and crash into the hood of another vehicle,

18  and

19         WHEREAS, Nancy Mervil was killed in the accident, and

20         WHEREAS, at the time of her death, Nancy Mervil was 24

21  years old, was married to Jesner Exanor, and was the mother of

22  two minor children, Taisha Exanor, born December 2, 1999, and

23  Orlens Poulard, born November 2, 1993, and

24         WHEREAS, according to the investigative homicide report

25  completed by a law enforcement investigator with the Florida

26  Highway Patrol, the officer who was involved in the accident

27  violated s. 316.072(5)(c), Florida Statutes, by failing to

28  drive with due regard for the safety of others, and

29         WHEREAS, the investigation also suggested that the City

30  of Delray Beach had failed to properly maintain the police

31  officer's vehicle at the time of the collision in question,

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    File original & 9 copies    02/25/02
    hbd0016                     03:28 pm         00359-0111-983357




                                                   HOUSE AMENDMENT

    hbd-27                                         Bill No. HB 359

    Amendment No. 1 (for drafter's use only)





  1  thereby contributing to this unfortunate accident, and

  2         WHEREAS, Jesner Exanor, individually, on behalf of the

  3  two minor children, and as personal representative of his

  4  wife's estate, filed suit against the City of Delray Beach,

  5  and

  6         WHEREAS, in its answer to the complaint, the city

  7  admitted that the police officer negligently caused Nancy

  8  Mervil's death, and

  9         WHEREAS, the economic damages in this case are

10  substantial, having been assessed at $823,000, based on the

11  assumption that Nancy Mervil would have been employed as a

12  home health aide, and, alternatively, having been assessed at

13  $1,101,000, based on the assumption that she would have

14  completed training as a nursing assistant and would have been

15  employed as a nursing assistant, as she had planned, and

16         WHEREAS, subsequent to the filing of the complaint in

17  this matter, the parties agreed to and conducted a mediation

18  that resulted in an agreement to settle with the City of

19  Delray Beach for a cash payment of $195,000 plus $1,305,000,

20  part of which would be used to purchase annuities, and

21         WHEREAS, the City of Delray Beach has made the cash

22  payment of $195,000 in accordance with the terms of the

23  settlement agreement, and

24         WHEREAS, it has been stated that 40 percent of the

25  settlement proceeds will be distributed to Jesner Exanor and

26  30 percent to each minor child, with other terms of the

27  annuities to be determined at the time of passage of a claim

28  bill allowing the city to reimburse the claimants in an amount

29  greater than that allowed by section 768.28, Florida Statutes,

30  NOW, THEREFORE,

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    File original & 9 copies    02/25/02
    hbd0016                     03:28 pm         00359-0111-983357