Senate Bill sb0486c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007        (NP)                CS for SB 486

    By the Committee on Community Affairs; and Senator Oelrich





    578-2433-07

  1                      A bill to be entitled

  2         An act relating to the City of Tallahassee;

  3         providing for the relief of Sheryl D. Allen and

  4         George F. Allen, her husband; providing for an

  5         appropriation to compensate them for injuries

  6         and damages sustained as a result of an

  7         accident involving Sheryl D. Allen and an

  8         employee of the City of Tallahassee; providing

  9         for a limitation on payment of fees and costs;

10         providing an effective date.

11  

12         WHEREAS, on December 8, 2001, Sheryl D. Allen was in

13  Tallahassee chaperoning her daughter's Keystone Heights High

14  School band as they participated in the city's 2001 Winter

15  Festival parade, and

16         WHEREAS, Sheryl D. Allen was hit by a large

17  trailer/float owned by the City of Tallahassee and driven by a

18  City of Tallahassee employee when the trailer swung wide,

19  leaving the parade disembarkment area, and

20         WHEREAS, the contact with the trailer knocked Sheryl D.

21  Allen to the ground, resulting in a skull fracture and

22  significant closed-head injury, and

23         WHEREAS, the accident of December 8, 2001, formed the

24  basis of a negligence action filed against the City of

25  Tallahassee in 2002, and

26         WHEREAS, the city, after extensive discovery in the

27  litigation, admitted liability, and

28         WHEREAS, on April 7, 2004, the City of Tallahassee and

29  Sheryl D. Allen and George F. Allen mediated the case prior to

30  trial and reached an agreement whereby the city agreed to pay

31  Sheryl D. Allen and George F. Allen $200,000, pursuant to the

                                  1

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






    Florida Senate - 2007        (NP)                CS for SB 486
    578-2433-07




 1  statutory limits of liability, and to support the passage of a

 2  claims bill in the Legislature for an additional payment of

 3  $775,000, and

 4         WHEREAS, the Tallahassee City Commission and the

 5  Circuit Court in and for the Second Judicial Circuit approved

 6  the settlement agreement reached at mediation, and the city

 7  has paid $200,000 to Sheryl D. Allen, George F. Allen, and

 8  their attorneys, and

 9         WHEREAS, the City of Tallahassee has agreed to support

10  the filing and passage of this bill and has agreed that, if

11  this act becomes law, the City of Tallahassee, within 30 days

12  after the effective date of the act, will pay an additional

13  $775,000 to Sheryl D. Allen and George F. Allen, NOW,

14  THEREFORE,

15  

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

17  

18         Section 1.  The facts contained in the preamble to this

19  act are found and declared to be true.

20         Section 2.  The City of Tallahassee is authorized and

21  directed to appropriate from funds of the city not otherwise

22  appropriated and to draw a warrant in the amount of $775,000,

23  payable to Sheryl D. Allen and George F. Allen as compensation

24  for injuries and damages sustained due to the negligence of an

25  employee of the city.

26         Section 3.  This award is intended to provide the sole

27  compensation for any and all present and future claims arising

28  out of the factual situation in connection with the injury to

29  Sheryl D. Allen. Not more than 25 percent of the award may be

30  paid by the claimants for attorney's fees, lobbying fees,

31  costs or other similar expenses.

                                  2

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






    Florida Senate - 2007        (NP)                CS for SB 486
    578-2433-07




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

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 486

 6                                 

 7  The CS makes the following changes:

 8  Provides a limitation on payment of fees and costs.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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