Bill No. 0044
Amendment No. 203389
Senate House

1Representative(s) Mahon offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
6     Section 1.  The facts stated in the preamble to this act
7are found and declared to be true.
8     Section 2.  The City of Fernandina Beach is authorized and
9directed to appropriate from funds of the city not otherwise
10encumbered the amount of $400,000 payable to Verlin C. Weaver as
11compensation for injuries and damages suffered as a result of
12the negligence of a former employee of the city. Furthermore, in
13accordance with the release and settlement, Verlin C. Weaver is
14responsible for all expenses, including, but not limited to,
15attorney's fees, associated with the legislative claim bill
17     Section 3.  Payment for the combined total of professional
18services and costs incurred by attorneys, lobbyists, and agents
19or representatives of attorneys or lobbyists shall not exceed
21     Section 4.  This act shall take effect upon becoming a law.
24======= T I T L E  A M E N D M E N T ==========
25     On page 1, line 1, through page 2, line 9, remove all of
26said lines, and insert:
A bill to be entitled
29An act for the relief of Verlin C. Weaver by the City of
30Fernandina Beach; providing for an appropriation to
31compensate him for injuries sustained as a result of the
32negligence of an employee of the City of Fernandina Beach;
33providing for attorney's fees, lobbyist's fees, and costs;
34providing an effective date.
36     WHEREAS, on November 11, 2002, Verlin C. Weaver was
37seriously injured when a garbage truck owned by the City of
38Fernandina Beach and operated by one of the city's employees
39rolled over Mr. Weaver's pickup truck, and
40     WHEREAS, after the accident, the Florida Highway Patrol
41issued a citation for careless driving to the city employee who
42was driving the garbage truck, and
43     WHEREAS, as a result of the accident, Verlin C. Weaver
44suffered multiple fractured bones, and
45     WHEREAS, after the collision, Verlin C. Weaver spent a
46month in the hospital, during which time he was in and out of
47consciousness; he lost his spleen, spent 2 months in
48rehabilitation, and suffered hearing loss; and he can no longer
49work full-time, and
50     WHEREAS, Verlin C. Weaver's medical expenses to date total
51more than $400,000, and
52     WHEREAS, Verlin C. Weaver filed suit against the City of
53Fernandina Beach (Case No. 03-251-CA-A) in the Circuit Court of
54the Fourth Judicial Circuit in and for Nassau County, and
55     WHEREAS, subsequently, the parties agreed to settle the
56case, and, on June 1, 2004, they entered into a consent final
57judgment in which the City of Fernandina Beach agreed to pay to
58Verlin C. Weaver the sum of $500,000, including a payment to be
59made out of insurance proceeds in the amount of $100,000, the
60limit payable under section 768.28, Florida Statutes, and an
61additional $400,000 upon the Legislature's passage of a claim
62bill, which the city agreed to actively support, and
63     WHEREAS, this claim bill is being filed in accordance with
64the consent final judgment in this matter, NOW, THEREFORE,

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