Senate Bill sb0044er

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


    2007 Legislature                   CS for SB 44, 1st Engrossed


  2         An act for the relief of Verlin C. Weaver by

  3         the City of Fernandina Beach; providing for an

  4         appropriation to compensate him for injuries

  5         sustained as a result of the negligence of an

  6         employee of the City of Fernandina Beach;

  7         providing for attorney's fees, lobbyist's fees,

  8         and costs; providing an effective date.


10         WHEREAS, on November 11, 2002, Verlin C. 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, Verlin C. Weaver

18  suffered multiple fractured bones, and

19         WHEREAS, after the collision, Verlin C. Weaver spent a

20  month in the hospital, during which time he was in and out of

21  consciousness; he lost his spleen, spent 2 months in

22  rehabilitation, and suffered hearing loss; and he can no

23  longer work full-time, and

24         WHEREAS, Verlin C. Weaver's medical expenses to date

25  total more than $400,000, and

26         WHEREAS, Verlin C. Weaver filed suit against the City

27  of Fernandina Beach (Case No. 03-251-CA-A) in the Circuit

28  Court of the Fourth Judicial Circuit in and for Nassau County,

29  and

30         WHEREAS, subsequently, the parties agreed to settle the

31  case, and, on June 1, 2004, they entered into a consent final


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


    2007 Legislature                   CS for SB 44, 1st Engrossed

 1  judgment in which the City of Fernandina Beach agreed to pay

 2  to Verlin C. Weaver the sum of $500,000, including a payment

 3  to be made out of insurance proceeds in the amount of

 4  $100,000, the limit payable under section 768.28, Florida

 5  Statutes, and an additional $400,000 upon the Legislature's

 6  passage of a claim bill, which the city agreed to actively

 7  support, and

 8         WHEREAS, this claim bill is being filed in accordance

 9  with the consent final judgment in this matter, NOW,



12  Be It Enacted by the Legislature of the State of Florida:


14         Section 1.  The facts stated in the preamble to this

15  act are found and declared to be true.

16         Section 2.  The City of Fernandina Beach is authorized

17  and directed to appropriate from funds of the city not

18  otherwise encumbered the amount of $400,000 payable to Verlin

19  C. Weaver as compensation for injuries and damages suffered as

20  a result of the negligence of a former employee of the city.

21  Furthermore, in accordance with the release and settlement,

22  Verlin C. Weaver is responsible for all expenses, including,

23  but not limited to, attorney's fees, associated with the

24  legislative claim bill process.

25         Section 3.  Payment for the combined total of

26  professional services and costs incurred by attorneys,

27  lobbyists, and agents or representatives of attorneys or

28  lobbyists shall not exceed $60,000.

29         Section 4.  This act shall take effect upon becoming a

30  law.



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