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;

31  

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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,

20  

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

22  

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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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 28
    38-23-03




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

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