| 1 | The Claims Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act for the relief of Verlin C. Weaver by the City of |
| 8 | Fernandina Beach; providing for an appropriation to |
| 9 | compensate him for injuries sustained as a result of the |
| 10 | negligence of an employee of the City of Fernandina Beach; |
| 11 | providing for attorney's fees and expenses; providing an |
| 12 | effective date. |
| 13 |
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| 14 | WHEREAS, on November 11, 2002, Verlin C. Weaver was |
| 15 | seriously injured when a garbage truck owned by the City of |
| 16 | Fernandina Beach and operated by one of the city's employees |
| 17 | rolled over Mr. Weaver's pickup truck, and |
| 18 | WHEREAS, after the accident, the Florida Highway Patrol |
| 19 | issued a citation for careless driving to the city employee who |
| 20 | was driving the garbage truck, and |
| 21 | WHEREAS, as a result of the accident, Verlin C. Weaver |
| 22 | suffered multiple fractured bones, and |
| 23 | WHEREAS, after the collision, Verlin C.. Weaver spent a |
| 24 | month in the hospital, during which time he was in and out of |
| 25 | consciousness; he lost his spleen, spent 2 months in |
| 26 | rehabilitation, and suffered hearing loss; and he can no longer |
| 27 | work full-time, and |
| 28 | WHEREAS, Verlin C. Weaver's medical expenses to date total |
| 29 | more than $400,000, and |
| 30 | WHEREAS, Verlin C. Weaver filed suit against the City of |
| 31 | Fernandina Beach (Case No. 03-251-CA-A) in the Circuit Court of |
| 32 | the Fourth Judicial Circuit in and for Nassau County, and |
| 33 | WHEREAS, subsequently, the parties agreed to settle the |
| 34 | case, and, on June 1, 2004, they entered into a consent final |
| 35 | judgment in which the City of Fernandina Beach agreed to pay to |
| 36 | Verlin C. Weaver the sum of $500,000, including a payment to be |
| 37 | made out of insurance proceeds in the amount of $100,000, the |
| 38 | limit payable under section 768.28, Florida Statutes, and an |
| 39 | additional $400,000 upon the Legislature's passage of a claim |
| 40 | bill, which the city agreed to actively support, and |
| 41 | WHEREAS, this claim bill is being filed in accordance with |
| 42 | the consent final judgment in this matter, NOW, THEREFORE, |
| 43 |
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| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
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| 46 | Section 1. The facts stated in the preamble to this act |
| 47 | are found and declared to be true. |
| 48 | Section 2. The City of Fernandina Beach is authorized and |
| 49 | directed to appropriate from funds of the city not otherwise |
| 50 | encumbered the amount of $400,000 payable to Verlin C. Weaver as |
| 51 | compensation for injuries and damages suffered as a result of |
| 52 | the negligence of a former employee of the city. Upon passage of |
| 53 | this act, payment shall be made in accordance with the terms set |
| 54 | forth in the General Release and Settlement of Claim entered |
| 55 | into by Verlin C. Weaver and the City of Fernandina Beach, |
| 56 | Florida, on May 19, 2004, as follows: within 20 days after the |
| 57 | Governor signs this act into law, the City of Fernandina Beach |
| 58 | shall draw a warrant in the amount of $200,000 payable to Verlin |
| 59 | C. Weaver; on October 10, 2006, the City of Fernandina Beach |
| 60 | shall draw a warrant in the amount of $100,000 payable to Verlin |
| 61 | C. Weaver; and, on January 9, 2007, the City of Fernandina Beach |
| 62 | shall draw a warrant in the amount of $100,000 payable to Verlin |
| 63 | C. Weaver. Furthermore, in accordance with the release and |
| 64 | settlement, Verlin C. Weaver is responsible for all expenses, |
| 65 | including, but not limited to, attorney's fees, associated with |
| 66 | the legislative claim bill process. |
| 67 | Section 3. This act shall take effect upon becoming a law. |