CS/HB 1291

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

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