Senate Bill sb0028
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Florida Senate - 2003 (NP) (Corrected Copy) SB 28
By Senator Villalobos
38-23-03
1 A bill to be entitled
2 An act relating to the City of Miami Beach;
3 providing for the relief of Jeffrey Akers;
4 authorizing and directing the City of Miami
5 Beach to compensate Mr. Akers for personal
6 injuries that he suffered due to the negligence
7 of the City of Miami Beach; providing for
8 attorney's fees and court costs; providing an
9 effective date.
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11 WHEREAS, Jeffrey Akers has at all times been a resident
12 of Dade County, Florida, is over 18 years of age, and is
13 otherwise sui juris, and
14 WHEREAS, on or about May 19, 1995, Jeffrey Akers was
15 lawfully on the premises of the Convention Center in the
16 process of climbing on a ladder attached to the premises as a
17 permanent fixture or appurtenance, at which time Mr. Akers
18 fell from the ladder, a distance of approximately 20 feet,
19 striking the roof-level at the bottom of the ladder, and
20 WHEREAS, Jeffrey Akers was not an employee of the City
21 of Miami Beach, and
22 WHEREAS, the City of Miami Beach owned the building and
23 has a reasonable duty to provide proper equipment on the
24 building, and
25 WHEREAS, the City of Miami Beach was negligent and
26 careless in the following manner, which proximately caused or
27 contributed to Mr. Akers' injuries:
28 1. Failing to have a safe ladder installed;
29 2. Violating standards with respect to the height,
30 design, configuration, and surfaces of the ladder;
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 28
38-23-03
1 3. Failing to provide a ladder that was designed to be
2 safe when used for its intended purpose;
3 4. Failing to provide additional safety apparatuses
4 attached to and made a part of the ladder;
5 5. Erecting and constructing the ladder an improper
6 distance from landing surfaces;
7 6. Failing to provide adequate grip surfaces on the
8 ladder;
9 7. Failing to have adequately designed handrails on
10 the ladder; and
11 8. Providing an unstable ladder on the premises, from
12 which Mr. Akers fell, and
13 WHEREAS, a lawsuit was filed against the City of Miami
14 Beach and the court entered a final judgment in favor of
15 Jeffrey Akers in the amount of $3,317.029.40, and
16 WHEREAS, the City of Miami Beach has paid Jeffrey Akers
17 $100,000 pursuant to its obligation under section 768.28,
18 Florida Statutes, and the remaining excess judgment amount
19 owed is $3,217,029.40, NOW, THEREFORE,
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. The facts stated in the preamble to this
24 act are found and declared to be true.
25 Section 2. The City of Miami Beach is authorized and
26 directed to appropriate from funds of the municipality not
27 otherwise appropriated and to draw a warrant in the amount of
28 $3,217,029.40, which amount includes attorney's fees and
29 costs, payable to Jeffrey Akers as compensation for injuries
30 and damages sustained by Mr. Akers as a result of the
31 negligence of the City of Miami Beach.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 28
38-23-03
1 Section 3. This act shall take effect upon becoming a
2 law.
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