Amendment
Bill No. 1964
Amendment No. 509817
CHAMBER ACTION
Senate House
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1Representative Pickens offered the following:
2
3     Amendment to Amendment (362603) (with title amendment)
4Between lines 208 and 209 insert:
5     Section 8.  The facts stated in the preamble to this act
6are found and declared to be true.
7     Section 9.  The City of Tallahassee is authorized and
8directed to appropriate from funds of the city not otherwise
9appropriated and to draw a warrant in the sum of $775,000
10payable to Sheryl D. Allen and George F. Allen as compensation
11for injuries and damages sustained due to the negligence of an
12employee of the city.
13
14================ T I T L E  A M E N D M E N T =============
15     Remove line 234 and insert:
16lobbyist's fees; providing for the relief of Sheryl D. Allen and
17George F. Allen by the City of Tallahassee; providing for an
18appropriation to compensate Sheryl D. Allen and George F. Allen
19for injuries and damages sustained as a result of an accident
20involving Sheryl D. Allen and an employee of the City of
21Tallahassee; providing an effective date.
22
23     WHEREAS, the Legislature finds that wrongfully incarcerated
24persons have been deprived of their liberty, and
25     WHEREAS, the Legislature finds that innocent persons who
26have been wrongfully incarcerated should have the opportunity to
27lead normal lives, and
28     WHEREAS, wrongfully incarcerated persons or their families
29may have expended large sums of money and encumbered real
30property to defend against wrongful incarceration, and
31     WHEREAS, the Legislature finds that the incarceration of an
32innocent person is a taking of a person's liberty for which
33compensation is due, and
34     WHEREAS, the Legislature has a responsibility to manage
35state resources for the benefit of all residents of the state,
36and
37     WHEREAS, on December 8, 2001, Sheryl D. Allen was in
38Tallahassee chaperoning her daughter's Keystone Heights High
39School Band as they participated in the city's 2001 Winter
40Festival parade, and
41     WHEREAS, Sheryl D. Allen was hit by a large trailer/float
42owned by the City of Tallahassee and driven by a City of
43Tallahassee employee when the trailer swung wide, leaving the
44parade disembarkment area, and
45     WHEREAS, the contact with the trailer knocked Sheryl D.
46Allen to the ground, resulting in a skull fracture and
47significant closed-head injury, and
48     WHEREAS, the accident of December 8, 2001, formed the basis
49of a negligence action filed against the City of Tallahassee in
502002, and
51     WHEREAS, the city, after extensive discovery during the
52litigation, admitted liability, and
53     WHEREAS, on April 7, 2004, the City of Tallahassee and
54Sheryl D. Allen and George F. Allen, husband of Sheryl D. Allen,
55mediated the case prior to trial and reached an agreement
56whereby the city agreed to pay Sheryl D. Allen and George F.
57Allen $200,000, pursuant to the limits of liability set forth in
58s. 768.28, Florida Statutes, and to support the passage of a
59claims bill in the Legislature for an additional payment of
60$775,000, and
61     WHEREAS, the Tallahassee City Commission and the Circuit
62Court in and for the Second Judicial Circuit approved the
63settlement agreement reached at mediation, and the city has paid
64$200,000 to Sheryl D. Allen, George F. Allen, and their
65attorneys, and
66     WHEREAS, the City of Tallahassee has agreed to support the
67filing and passage of this bill and has agreed that, if this act
68becomes law, the City of Tallahassee, within 30 days after the
69effective date of this act, will pay an additional $775,000 to
70Sheryl D. Allen and George F. Allen, NOW, THEREFORE,


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