Senate Bill sb0044c1
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Florida Senate - 2007 (NP) CS for SB 44
By the Committee on Community Affairs; and Senator Aronberg
578-2432-07
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 a limitation on
8 payment of fees and costs; providing an
9 effective date.
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11 WHEREAS, on November 11, 2002, Verlin Weaver was
12 seriously injured when a garbage truck owned by the City of
13 Fernandina Beach and operated by one of the city's employees
14 rolled over Mr. Weaver's pickup truck, and
15 WHEREAS, after the accident, the Florida Highway Patrol
16 issued a citation for careless driving to the city employee
17 who was driving the garbage truck, and
18 WHEREAS, as a result of the accident, Mr. Weaver
19 suffered multiple fractured bones, and
20 WHEREAS, after the collision, Mr. Weaver spent a month
21 at the hospital, during which he was in and out of
22 consciousness; he lost his spleen, spent 2 months in
23 rehabilitation, and has hearing loss; and he can no longer
24 work full-time, and
25 WHEREAS, Mr. Weaver's medical expenses to date total
26 more than $400,000, and
27 WHEREAS, Mr. Weaver filed suit against the City of
28 Fernandina Beach (Case No. 03-251-CA-A) in the Circuit Court
29 of the Fourth Judicial Circuit in and for Nassau County, and
30 WHEREAS, subsequently, the parties agreed to settle the
31 case, and, on June 1, 2004, they entered into a consent final
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (NP) CS for SB 44
578-2432-07
1 judgment in which the City of Fernandina Beach agreed to pay
2 to Mr. Weaver the sum of $500,000, including a payment to be
3 made out of insurance proceeds in the amount of $100,000, the
4 limit payable under section 768.28, Florida Statutes, and an
5 additional $400,000 upon the Legislature's passage of a claim
6 bill, which the city agreed to actively support, and
7 WHEREAS, this claim bill is being filed in accordance
8 with the consent final judgment in this matter, NOW,
9 THEREFORE,
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. The facts stated in the preamble to this
14 act are found and declared to be true.
15 Section 2. The City of Fernandina Beach is authorized
16 and directed to appropriate from funds of the city not
17 otherwise encumbered the amount of $400,000 payable to Verlin
18 Weaver as compensation for injuries and damages suffered as a
19 result of the negligence of a former employee of the city.
20 Section 3. This award is intended to provide the sole
21 compensation for any and all present and future claims arising
22 out of the factual situation in connection with the injury to
23 Verlin Weaver. Not more than 25 percent of the award may be
24 paid by the claimant for attorney's fees, lobbying fees, costs
25 or other similar expenses.
26 Section 4. This act shall take effect upon becoming a
27 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (NP) CS for SB 44
578-2432-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 44
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4 The CS made the following changes:
5 Removes a provision providing for attorney's fees and expenses
and provides a limitation on payment of fees and costs.
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