Florida Senate - 2011                       (NP)    CS for SB 34
       By the Committee on Rules; and Senator Dean
       595-03363-11                                            201134c1
    1                        A bill to be entitled                      
    2         An act for the relief of Angela Isham by the City of
    3         Ft. Lauderdale; providing for an appropriation to
    4         compensate Angela Isham, individually, and as co
    5         personal representative of the Estate of David Isham,
    6         deceased, for the death of Mr. Isham, which was due to
    7         the negligence of employees of the City of Ft.
    8         Lauderdale; providing a limitation on the payment of
    9         fees and costs; providing an effective date.
   11         WHEREAS, on November 15, 2001, David Isham, the owner of a
   12  landscaping business and a pest control business, was driving
   13  along N.W. 13th Street in Ft. Lauderdale, and
   14         WHEREAS, in an unmarked police vehicle, police officers
   15  from the Ft. Lauderdale Police Department were engaged in an
   16  undercover narcotics surveillance and were in pursuit of a
   17  suspect who was driving a 1994 BMW, and
   18         WHEREAS, while being chased by the police officers, the
   19  suspect collided with Mr. Isham’s vehicle and caused Mr. Isham’s
   20  vehicle to flip upside down, catch on fire, and trap Mr. Isham
   21  inside, and
   22         WHEREAS, as a result of the collision, Mr. Isham died and
   23  left behind his grieving widow, Angela Isham, and
   24         WHEREAS, Mrs. Isham filed a lawsuit against the City of Ft.
   25  Lauderdale, and a week-long jury trial ensued in which the jury
   26  found that the police officers, acting in an official capacity
   27  as employees of the City of Ft. Lauderdale, were negligent with
   28  regard to the vehicle chase that ultimately resulted in the
   29  death of Mr. Isham and that their actions were the legal cause
   30  of injury and death to Mr. Isham, and
   31         WHEREAS, the jury returned a verdict on February 1, 2008,
   32  in favor of Mrs. Isham, and final judgment was entered in the
   33  amount of $1,435,219.25, plus postjudgment interest at the
   34  statutory rate of 11 percent per annum, and
   35         WHEREAS, the City of Ft. Lauderdale has paid only $200,000
   36  of the judgment and has not negotiated any settlement of the
   37  remaining judgment, and
   38         WHEREAS, the City of Ft. Lauderdale has sufficient funds in
   39  its Risk Management Fund available to pay this claim, NOW,
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. The facts stated in the preamble to this act are
   45  found and declared to be true.
   46         Section 2. The City of Ft. Lauderdale is authorized and
   47  directed to appropriate from funds of the City not otherwise
   48  appropriated and to draw warrants payable to Angela Isham,
   49  individually, and as co-personal representative of the estate of
   50  David Isham, deceased, in the amounts and in the timeframe
   51  contained in the Partial Satisfaction and Settlement Agreement
   52  between the City of Ft. Lauderdale and Angela Isham, said amount
   53  totaling $600,000 above the statutory amount already paid.
   54         Section 3. The amount paid by the City of Ft. Lauderdale
   55  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   56  under this act are intended to provide the sole compensation for
   57  all present and future claims arising out of the factual
   58  situation described in this act which resulted in the death of
   59  David Isham. The total amount paid for attorney’s fees, lobbying
   60  fees, costs, and other similar expenses relating to this claim
   61  may not exceed 25 percent of the amount awarded under this act.
   62         Section 4. This act shall take effect upon becoming a law.