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.