Amendment
Bill No. 0486
Amendment No. 662821
CHAMBER ACTION
Senate House
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1Representative(s) Pickens offered the following:
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3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
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7     Section 1.  The facts stated in the preamble to this act
8are found and declared to be true.
9     Section 2.  The City of Tallahassee is authorized and
10directed to appropriate from funds of the city not otherwise
11appropriated and to draw a warrant in the sum of $775,000
12payable to Sheryl D. Allen and George F. Allen as compensation
13for injuries and damages sustained due to the negligence of an
14employee of the city.
15     Section 3.  Payment for attorney's fees and costs incurred
16by the claimant's attorneys shall not exceed $117,946. Payment
17for the professional services and costs of lobbyists advocating
18for passage of this claim shall not exceed $7,750.
19     Section 4.  This act shall take effect upon becoming a law.
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22======= T I T L E  A M E N D M E N T ==========
23     On page 1, line 1, through page 2, line 14, remove all of
24said lines, and insert:
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A bill to be entitled
28An act for the relief of Sheryl D. Allen and George F.
29Allen by the City of Tallahassee; providing for an
30appropriation to compensate Sheryl D. Allen and George F.
31Allen for injuries sustained as a result of an accident
32involving Sheryl D. Allen and an employee of the City of
33Tallahassee; providing for attorney's fees, lobbyist's
34fees, and costs; providing an effective date.
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36     WHEREAS, on December 8, 2001, Sheryl D. Allen was in
37Tallahassee chaperoning her daughter's Keystone Heights High
38School Band as they participated in the city's 2001 Winter
39Festival parade, and
40     WHEREAS, Sheryl D. Allen was hit by a large trailer/float
41owned by the City of Tallahassee and driven by a City of
42Tallahassee employee when the trailer swung wide, leaving the
43parade disembarkment area, and
44     WHEREAS, the contact with the trailer knocked Sheryl D.
45Allen to the ground, resulting in a skull fracture and
46significant closed-head injury, and
47     WHEREAS, the accident of December 8, 2001, formed the basis
48of a negligence action filed against the City of Tallahassee in
492002, and
50     WHEREAS, the city, after extensive discovery during the
51litigation, admitted liability, and
52     WHEREAS, on April 7, 2004, the City of Tallahassee and
53Sheryl D. Allen and George F. Allen, husband of Sheryl D. Allen,
54mediated the case prior to trial and reached an agreement
55whereby the city agreed to pay Sheryl D. Allen and George F.
56Allen $200,000, pursuant to the limits of liability set forth in
57s. 768.28, Florida Statutes, and to support the passage of a
58claims bill in the Legislature for an additional payment of
59$775,000, and
60     WHEREAS, the Tallahassee City Commission and the Circuit
61Court in and for the Second Judicial Circuit approved the
62settlement agreement reached at mediation, and the city has paid
63$200,000 to Sheryl D. Allen, George F. Allen, and their
64attorneys, and
65     WHEREAS, the City of Tallahassee has agreed to support the
66filing and passage of this bill and has agreed that, if this act
67becomes law, the City of Tallahassee, within 30 days after the
68effective date of this act, will pay an additional $775,000 to
69Sheryl D. Allen and George F. Allen, NOW, THEREFORE,


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