HB 0093 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to the City of Miami Beach; providing for
13	the relief of Jeffrey Akers; authorizing and directing the
14	City of Miami Beach to compensate Jeffrey Akers for
15	personal injuries that he suffered due to the negligence
16	of the City of Miami Beach; providing for attorney's fees
17	and payment of outstanding medical liens; providing for
18	reimbursement of Medicaid expenditures; providing an
19	effective date.
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21	WHEREAS, Jeffrey Akers has at all times been a resident of
22	Miami-Dade County, Florida, is over 18 years of age, and is
23	otherwise sui juris, and
24	WHEREAS, on or about May 19, 1995, Jeffrey Akers was
25	lawfully on the premises of the Convention Center in the process
26	of climbing on a ladder attached to the premises as a permanent
27	fixture or appurtenance, at which time Jeffrey Akers fell from
28	the ladder, a distance of approximately 20 feet, striking the
29	roof level at the bottom of the ladder, and
30	WHEREAS, Jeffrey Akers was not an employee of the City of
31	Miami Beach, and
32	WHEREAS, the City of Miami Beach owned the building and has
33	a reasonable duty to provide proper equipment on the building,
34	and
35	WHEREAS, the City of Miami Beach was negligent and careless
36	in the following manner, which proximately caused or contributed
37	to Jeffrey Akers' injuries:
38	1. Failing to have a safe ladder installed;
39	2. Violating standards with respect to the height, design,
40	configuration, and surfaces of the ladder;
41	3. Failing to provide a ladder that was designed to be
42	safe when used for its intended purpose;
43	4. Failing to provide additional safety apparatuses
44	attached to and made a part of the ladder;
45	5. Erecting and constructing the ladder an improper
46	distance from landing surfaces;
47	6. Failing to provide adequate grip surfaces on the
48	ladder;
49	7. Failing to have adequately designed handrails on the
50	ladder; and
51	8. Providing an unstable ladder on the premises, from
52	which Jeffrey Akers fell, and
53	WHEREAS, a lawsuit was filed against the City of Miami
54	Beach and the court entered a final judgment in favor of Jeffrey
55	Akers in the amount of $3,317,029.40, and
56	WHEREAS, the City of Miami Beach has paid Jeffrey Akers
57	$100,000 pursuant to its obligation under section 768.28,
58	Florida Statutes, and the remaining excess judgment amount owed
59	is $3,217,029.40, NOW, THEREFORE,
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61	Be It Enacted by the Legislature of the State of Florida:
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63	Section 1. The facts stated in the preamble to this act
64	are found and declared to be true.
65	Section 2. The City of Miami Beach is authorized and
66	directed to appropriate from funds of the municipality not
67	otherwise appropriated and to draw a warrant in the sum of
68	$3,217,029.40, which amount includes attorney's fees and
69	outstanding medical liens, payable to Jeffrey Akers as
70	compensation for injuries and damages sustained. After the
71	payment required by section 3 is made, all other liens must be
72	satisfied prior to the distribution of funds to Jeffrey Akers.
73	Section 3. The governmental entity responsible for payment
74	of the warrant shall pay to the Florida Agency for Health Care
75	Administration the amount due under section 409.910, Florida
76	Statutes, before disbursing any funds to the claimant. The
77	amount due the agency shall be equal to all unreimbursed medical
78	payments paid by Medicaid on behalf of Jeffrey Akers up to the
79	date upon which this act becomes a law.
80	Section 4. This act shall take effect upon becoming a law.