Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 40
Barcode 331150
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/15/2009 .
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The Committee on Criminal Justice (Siplin) recommended the
following:
1 Senate Amendment
2
3 Delete lines 32 - 82
4 and insert:
5 WHEREAS, the jury returned a verdict on February 1, 2008,
6 in favor of Mrs. Isham and final judgment was entered in the
7 amount of $1,435,219.25, and
8 WHEREAS, the City of Ft. Lauderdale has paid only $200,000
9 of the judgment and has not negotiated any settlement of the
10 remaining judgment, and
11 WHEREAS, the City of Ft. Lauderdale has approximately
12 $2,023,594.52 in its Risk Management Fund which is available to
13 pay claims or judgment such as the one presented by Mrs. Isham,
14 but it has not done so to date, and
15 WHEREAS, the balance of the net jury verdict in the amount
16 of $1,235,219.25 is sought through the submission of a claim
17 bill to the Legislature, NOW, THEREFORE,
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. The facts stated in the preamble to this act are
22 found and declared to be true.
23 Section 2. The City of Ft. Lauderdale is authorized and
24 directed to appropriate from funds of the city not otherwise
25 appropriated and to draw a warrant in the amount of
26 $1,235,219.25, payable to Angela Isham, individually, and as co
27 personal representative of the Estate of David Isham, deceased.
28 Section 3. This award is intended to provide the sole
29 compensation for all present and future claims arising out of
30 the factual situation described in this act which resulted in
31 the death of David Isham. The total amount paid for attorney’s
32 fees, lobbying fees, costs, and other similar expenses relating
33 to this claim shall not exceed 25 percent of the amount awarded
34 under this act.