Senate Bill sb0044
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Florida Senate - 2007 SB 44
By Senator Aronberg
27-68-07
1 A bill to be entitled
2 An act relating to the City of Fernandina
3 Beach; providing for the relief of Verlin C.
4 Weaver for injuries sustained as a result of
5 the negligence of an employee of the City of
6 Fernandina Beach; providing for an
7 appropriation; providing for attorney's fees
8 and expenses; providing an effective date.
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10 WHEREAS, on November 11, 2002, Verlin Weaver was
11 seriously injured when a garbage truck owned by the City of
12 Fernandina Beach and operated by one of the city's employees
13 rolled over Mr. Weaver's pickup truck, and
14 WHEREAS, after the accident, the Florida Highway Patrol
15 issued a citation for careless driving to the city employee
16 who was driving the garbage truck, and
17 WHEREAS, as a result of the accident, Mr. Weaver
18 suffered multiple fractured bones, and
19 WHEREAS, after the collision, Mr. Weaver spent a month
20 at the hospital, during which he was in and out of
21 consciousness; he lost his spleen, spent 2 months in
22 rehabilitation, and has hearing loss; and he can no longer
23 work full-time, and
24 WHEREAS, Mr. Weaver's medical expenses to date total
25 more than $400,000, and
26 WHEREAS, Mr. Weaver filed suit against the City of
27 Fernandina Beach (Case No. 03-251-CA-A) in the Circuit Court
28 of the Fourth Judicial Circuit in and for Nassau County, and
29 WHEREAS, subsequently, the parties agreed to settle the
30 case, and, on June 1, 2004, they entered into a consent final
31 judgment in which the City of Fernandina Beach agreed to pay
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Florida Senate - 2007 SB 44
27-68-07
1 to Mr. Weaver the sum of $500,000, including a payment to be
2 made out of insurance proceeds in the amount of $100,000, the
3 limit payable under section 768.28, Florida Statutes, and an
4 additional $400,000 upon the Legislature's passage of a claim
5 bill, which the city agreed to actively support, and
6 WHEREAS, this claim bill is being filed in accordance
7 with the consent final judgment in this matter, NOW,
8 THEREFORE,
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. The facts stated in the preamble to this
13 act are found and declared to be true.
14 Section 2. The City of Fernandina Beach is authorized
15 and directed to appropriate from funds of the city not
16 otherwise encumbered the amount of $400,000 payable to Verlin
17 Weaver as compensation for injuries and damages suffered as a
18 result of the negligence of a former employee of the city.
19 Upon passage of this act, payment of this sum must be made in
20 accordance with the terms set forth in the General Release and
21 Settlement of Claim entered into by Verlin C. Weaver and the
22 City of Fernandina Beach, Florida, on May 19, 2004, as
23 follows: within 20 days after the Governor approves this act,
24 the City of Fernandina Beach shall draw a warrant in the
25 amount of $200,000 payable to Verlin C. Weaver; on October 10,
26 2007, the City of Fernandina Beach shall draw a warrant in the
27 amount of $100,000 payable to Verlin C. Weaver; and, on
28 January 9, 2008, the City of Fernandina Beach shall draw a
29 warrant in the amount of $100,000 payable to Verlin C. Weaver.
30 Furthermore, in accordance with the release and settlement,
31 Mr. Weaver is responsible for all expenses, including, but not
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Florida Senate - 2007 SB 44
27-68-07
1 limited to, attorney's fees, associated with the legislative
2 claim bill process.
3 Section 3. This act shall take effect upon becoming a
4 law.
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