CS/HB 237

1
A bill to be entitled
2An act for the relief of Sheryl D. Allen and George F.
3Allen by the City of Tallahassee; providing for an
4appropriation to compensate Sheryl D. Allen and George F.
5Allen for injuries sustained as a result of an accident
6involving Sheryl D. Allen and an employee of the City of
7Tallahassee; providing for attorney's fees, lobbyist's
8fees, and costs; providing an effective date.
9
10     WHEREAS, on December 8, 2001, Sheryl D. Allen was in
11Tallahassee chaperoning her daughter's Keystone Heights High
12School Band as they participated in the city's 2001 Winter
13Festival parade, and
14     WHEREAS, Sheryl D. Allen was hit by a large trailer/float
15owned by the City of Tallahassee and driven by a City of
16Tallahassee employee when the trailer swung wide, leaving the
17parade disembarkment area, and
18     WHEREAS, the contact with the trailer knocked Sheryl D.
19Allen to the ground, resulting in a skull fracture and
20significant closed-head injury, and
21     WHEREAS, the accident of December 8, 2001, formed the basis
22of a negligence action filed against the City of Tallahassee in
232002, and
24     WHEREAS, the city, after extensive discovery during the
25litigation, admitted liability, and
26     WHEREAS, on April 7, 2004, the City of Tallahassee and
27Sheryl D. Allen and George F. Allen, husband of Sheryl D. Allen,
28mediated the case prior to trial and reached an agreement
29whereby the city agreed to pay Sheryl D. Allen and George F.
30Allen $200,000, pursuant to the limits of liability set forth in
31s. 768.28, Florida Statutes, and to support the passage of a
32claims bill in the Legislature for an additional payment of
33$775,000, and
34     WHEREAS, the Tallahassee City Commission and the Circuit
35Court in and for the Second Judicial Circuit approved the
36settlement agreement reached at mediation, and the city has paid
37$200,000 to Sheryl D. Allen, George F. Allen, and their
38attorneys, and
39     WHEREAS, the City of Tallahassee has agreed to support the
40filing and passage of this bill and has agreed that, if this act
41becomes law, the City of Tallahassee, within 30 days after the
42effective date of this act, will pay an additional $775,000 to
43Sheryl D. Allen and George F. Allen, NOW, THEREFORE,
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  The facts stated in the preamble to this act
48are found and declared to be true.
49     Section 2.  The City of Tallahassee is authorized and
50directed to appropriate from funds of the city not otherwise
51appropriated and to draw a warrant in the sum of $775,000
52payable to Sheryl D. Allen and George F. Allen as compensation
53for injuries and damages sustained due to the negligence of an
54employee of the city.
55     Section 3.  Payment for attorney's fees and costs incurred
56by the claimant's attorneys shall not exceed $117,946. Payment
57for the professional services and costs of lobbyists advocating
58for passage of this claim shall not exceed $7,750.
59     Section 4.  This act shall take effect upon becoming a law.


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