Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 40
       
       
       
       
       
       
                                Barcode 860046                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2009           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Criminal Justice (Siplin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 62 - 82
    4  and insert:
    5         Section 1. The facts stated in the preamble to this act are
    6  found and declared to be true.
    7         Section 2. The City of Ft. Lauderdale is authorized and
    8  directed to appropriate from funds of the city not otherwise
    9  appropriated and to draw a warrant in the amount of
   10  $1,235,219.25, plus postjudgment interest at the statutory rate
   11  of 11 percent per annum, payable to Angela Isham, individually,
   12  and as co-personal representative of the Estate of David Isham,
   13  deceased.
   14         Section 3. This award is intended to provide the sole
   15  compensation for all present and future claims arising out of
   16  the factual situation described in this act which resulted in
   17  the death of David Isham. The total amount paid for attorney’s
   18  fees, lobbying fees, costs, and other similar expenses relating
   19  to this claim shall not exceed 25 percent of the amount awarded
   20  under this act.
   21  
   22  ================= T I T L E  A M E N D M E N T ================
   23         And the title is amended as follows:
   24         Delete lines 32 - 58
   25  and insert:
   26         WHEREAS, the jury returned a verdict on February 1, 2008,
   27  in favor of Mrs. Isham, and final judgment was entered in the
   28  amount of $1,435,219.25, plus postjudgment interest at the
   29  statutory rate of 11 percent per annum, and
   30         WHEREAS, the City of Ft. Lauderdale has paid only $200,000
   31  of the judgment and has not negotiated any settlement of the
   32  remaining judgment, and
   33         WHEREAS, the City of Ft. Lauderdale has approximately
   34  $2,023,594.52 in its Risk Management Fund which is available to
   35  pay claims or judgment such as the one presented by Mrs. Isham,
   36  but it has not done so to date, and
   37         WHEREAS, the balance of the net jury verdict in the amount
   38  of $1,235,219.25 is sought through the submission of a claim
   39  bill to the Legislature, NOW, THEREFORE,
   40