HB 0093 2003
1	A bill to be entitled
2	An act relating to the City of Miami Beach; providing for
3	the relief of Jeffrey Akers; authorizing and directing the
4	City of Miami Beach to compensate Jeffrey Akers for
5	personal injuries that he suffered due to the negligence
6	of the City of Miami Beach; providing for attorney's fees,
7	costs, and payment of outstanding medical liens; providing
8	for reimbursement of Medicaid expenditures; providing an
9	effective date.
10
11	WHEREAS, Jeffrey Akers has at all times been a resident of
12	Miami-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 process
16	of climbing on a ladder attached to the premises as a permanent
17	fixture or appurtenance, at which time Jeffrey Akers fell from
18	the ladder, a distance of approximately 20 feet, striking the
19	roof level at the bottom of the ladder, and
20	WHEREAS, Jeffrey Akers was not an employee of the City of
21	Miami Beach, and
22	WHEREAS, the City of Miami Beach owned the building and has
23	a reasonable duty to provide proper equipment on the building,
24	and
25	WHEREAS, the City of Miami Beach was negligent and careless
26	in the following manner, which proximately caused or contributed
27	to Jeffrey Akers' injuries:
28	1. Failing to have a safe ladder installed;
29	2. Violating standards with respect to the height, design,
30	configuration, and surfaces of the ladder;
31	3. Failing to provide a ladder that was designed to be
32	safe when used for its intended purpose;
33	4. Failing to provide additional safety apparatuses
34	attached to and made a part of the ladder;
35	5. Erecting and constructing the ladder an improper
36	distance from landing surfaces;
37	6. Failing to provide adequate grip surfaces on the
38	ladder; 7. Failing to have adequately designed handrails on
39	the ladder; and
40	8. Providing an unstable ladder on the premises, from
41	which Jeffrey Akers fell, and
42	WHEREAS, a lawsuit was filed against the City of Miami
43	Beach and the court entered a final judgment in favor of Jeffrey
44	Akers in the amount of $3,317,029.40, and
45	WHEREAS, the City of Miami Beach has paid Jeffrey Akers
46	$100,000 pursuant to its obligation under section 768.28,
47	Florida Statutes, and the remaining excess judgment amount owed
48	is $3,217,029.40, NOW, THEREFORE,
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.The facts stated in the preamble to this act
53	are found and declared to be true.
54	Section 2.The City of Miami Beach is authorized and
55	directed to appropriate from funds of the municipality not
56	otherwise appropriated and to draw a warrant in the sum of
57	$3,217,029.40, which amount includes attorney's fees, costs, and
58	outstanding medical liens, payable to Jeffrey Akers as
59	compensation for injuries and damages sustained.
60	Section 3.The governmental entity responsible for payment
61	of the warrant shall pay to the Florida Agency for Health Care
62	Administration the amount due under section 409.910, Florida
63	Statutes, before disbursing any funds to the claimant. The
64	amount due the agency shall be equal to all unreimbursed medical
65	payments paid by Medicaid on behalf of Jeffrey Akers up to the
66	date upon which this act becomes a law.
67	Section 4. This act shall take effect upon becoming a law.
68