1 | Representative(s) Pickens offered the following: |
2 |
|
3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 |
|
6 |
|
7 | Section 1. The facts stated in the preamble to this act |
8 | are found and declared to be true. |
9 | Section 2. The City of Tallahassee is authorized and |
10 | directed to appropriate from funds of the city not otherwise |
11 | appropriated and to draw a warrant in the sum of $775,000 |
12 | payable to Sheryl D. Allen and George F. Allen as compensation |
13 | for injuries and damages sustained due to the negligence of an |
14 | employee of the city. |
15 | Section 3. Payment for attorney's fees and costs incurred |
16 | by the claimant's attorneys shall not exceed $117,946. Payment |
17 | for the professional services and costs of lobbyists advocating |
18 | for passage of this claim shall not exceed $7,750. |
19 | Section 4. This act shall take effect upon becoming a law. |
20 |
|
21 |
|
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 |
24 | said lines, and insert: |
25 |
|
26 |
|
27 | A bill to be entitled |
28 | An act for the relief of Sheryl D. Allen and George F. |
29 | Allen by the City of Tallahassee; providing for an |
30 | appropriation to compensate Sheryl D. Allen and George F. |
31 | Allen for injuries sustained as a result of an accident |
32 | involving Sheryl D. Allen and an employee of the City of |
33 | Tallahassee; providing for attorney's fees, lobbyist's |
34 | fees, and costs; providing an effective date. |
35 |
|
36 | WHEREAS, on December 8, 2001, Sheryl D. Allen was in |
37 | Tallahassee chaperoning her daughter's Keystone Heights High |
38 | School Band as they participated in the city's 2001 Winter |
39 | Festival parade, and |
40 | WHEREAS, Sheryl D. Allen was hit by a large trailer/float |
41 | owned by the City of Tallahassee and driven by a City of |
42 | Tallahassee employee when the trailer swung wide, leaving the |
43 | parade disembarkment area, and |
44 | WHEREAS, the contact with the trailer knocked Sheryl D. |
45 | Allen to the ground, resulting in a skull fracture and |
46 | significant closed-head injury, and |
47 | WHEREAS, the accident of December 8, 2001, formed the basis |
48 | of a negligence action filed against the City of Tallahassee in |
49 | 2002, and |
50 | WHEREAS, the city, after extensive discovery during the |
51 | litigation, admitted liability, and |
52 | WHEREAS, on April 7, 2004, the City of Tallahassee and |
53 | Sheryl D. Allen and George F. Allen, husband of Sheryl D. Allen, |
54 | mediated the case prior to trial and reached an agreement |
55 | whereby the city agreed to pay Sheryl D. Allen and George F. |
56 | Allen $200,000, pursuant to the limits of liability set forth in |
57 | s. 768.28, Florida Statutes, and to support the passage of a |
58 | claims bill in the Legislature for an additional payment of |
59 | $775,000, and |
60 | WHEREAS, the Tallahassee City Commission and the Circuit |
61 | Court in and for the Second Judicial Circuit approved the |
62 | settlement agreement reached at mediation, and the city has paid |
63 | $200,000 to Sheryl D. Allen, George F. Allen, and their |
64 | attorneys, and |
65 | WHEREAS, the City of Tallahassee has agreed to support the |
66 | filing and passage of this bill and has agreed that, if this act |
67 | becomes law, the City of Tallahassee, within 30 days after the |
68 | effective date of this act, will pay an additional $775,000 to |
69 | Sheryl D. Allen and George F. Allen, NOW, THEREFORE, |