Senate Bill sb0040

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    Florida Senate - 2005        (Corrected Copy)  (NP)      SB 40

    By Senator Aronberg





    27-106B-05

  1                      A bill to be entitled

  2         An act relating to the City of Fernandina

  3         Beach; providing for the relief of Verlin C.

  4         Weaver for injuries sustained as a result of

  5         the negligence of an employee of the City of

  6         Fernandina Beach; providing for an

  7         appropriation; providing for attorney's fees

  8         and expenses; providing an effective date.

  9  

10         WHEREAS, on November 11, 2002, Verlin Weaver was

11  seriously injured when a garbage truck owned by the City of

12  Fernandina Beach and operated by one of the city's employees

13  rolled over Mr. Weaver's pickup truck, and

14         WHEREAS, after the accident, the Florida Highway Patrol

15  issued a citation for careless driving to the city employee

16  who was driving the garbage truck, and

17         WHEREAS, as a result of the accident, Mr. Weaver

18  suffered multiple fractured bones, and

19         WHEREAS, after the collision, Mr. Weaver spent a month

20  at the hospital, during which he was in and out of

21  consciousness; he lost his spleen, spent 2 months in

22  rehabilitation, and has hearing loss; and he can no longer

23  work full-time, and

24         WHEREAS, Mr. Weaver's medical expenses to date total

25  more than $400,000, and

26         WHEREAS, Mr. Weaver filed suit against the City of

27  Fernandina Beach (Case No. 03-251-CA-A) in the Circuit Court

28  of the Fourth Judicial Circuit in and for Nassau County, and

29         WHEREAS, subsequently, the parties agreed to settle the

30  case, and, on June 1, 2004, they entered into a consent final

31  judgment in which the city of Fernandina Beach agreed to pay

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    Florida Senate - 2005        (Corrected Copy)  (NP)      SB 40
    27-106B-05




 1  to Mr. Weaver the sum of $500,000, including a payment to be

 2  made out of insurance proceeds in the amount of $100,000, the

 3  limit payable under section 768.28, Florida Statutes, and an

 4  additional $400,000 upon the Legislature's passage of a claim

 5  bill, which the city agreed to actively support, and

 6         WHEREAS, this claim bill is being filed in accordance

 7  with the consent final judgment in this matter, NOW,

 8  THEREFORE,

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  The facts stated in the preamble to this

13  act are found and declared to be true.

14         Section 2.  The City of Fernandina Beach is authorized

15  and directed to appropriate from funds of the city not

16  otherwise encumbered the amount of $400,000 payable to Verlin

17  Weaver as compensation for injuries and damages suffered as a

18  result of the negligence of a former employee of the city.

19  Contingent upon passage of this act, payment of this sum must

20  be made in accordance with the terms set forth in the General

21  Release and Settlement of Claim entered into by Verlin C.

22  Weaver and the City of Fernandina Beach, Florida, on May 19,

23  2004, as follows: within 20 days after the Governor approves

24  this act, the City of Fernandina Beach shall draw a warrant in

25  the amount of $200,000 payable to Verlin C. Weaver; on October

26  10, 2005, the City of Fernandina Beach shall draw a warrant in

27  the amount of $100,000 payable to Verlin C. Weaver; and, on

28  January 9, 2006, the City of Fernandina Beach shall draw a

29  warrant in the amount of $100,000 payable to Verlin C. Weaver.

30  Furthermore, in accordance with the release and settlement,

31  Mr. Weaver is responsible for all expenses, including, but not

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    Florida Senate - 2005        (Corrected Copy)  (NP)      SB 40
    27-106B-05




 1  limited to, attorney's fees, associated with the legislative

 2  claim bill process.

 3         Section 3.  This act shall take effect upon becoming a

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