HB 1291

1
A bill to be entitled
2An act for the relief of Verlin C. Weaver by the City of
3Fernandina Beach; providing for an appropriation to
4compensate him for injuries sustained as a result of the
5negligence of an employee of the City of Fernandina Beach;
6providing for attorney's fees and expenses; providing an
7effective date.
8
9     WHEREAS, on November 11, 2002, Verlin C. Weaver was
10seriously injured when a garbage truck owned by the City of
11Fernandina Beach and operated by one of the city's employees
12rolled over Mr. Weaver's pickup truck, and
13     WHEREAS, after the accident, the Florida Highway Patrol
14issued a citation for careless driving to the city employee who
15was driving the garbage truck, and
16     WHEREAS, as a result of the accident, Verlin C. Weaver
17suffered multiple fractured bones, and
18     WHEREAS, after the collision, Verlin C. Weaver spent a
19month in the hospital, during which time he was in and out of
20consciousness; he lost his spleen, spent 2 months in
21rehabilitation, and suffered hearing loss; and he can no longer
22work full-time, and
23     WHEREAS, Verlin C. Weaver's medical expenses to date total
24more than $400,000, and
25     WHEREAS, Verlin C. Weaver filed suit against the City of
26Fernandina Beach (Case No. 03-251-CA-A) in the Circuit Court of
27the Fourth Judicial Circuit in and for Nassau County, and
28     WHEREAS, subsequently, the parties agreed to settle the
29case, and, on June 1, 2004, they entered into a consent final
30judgment in which the City of Fernandina Beach agreed to pay to
31Verlin C. Weaver the sum of $500,000, including a payment to be
32made out of insurance proceeds in the amount of $100,000, the
33limit payable under section 768.28, Florida Statutes, and an
34additional $400,000 upon the Legislature's passage of a claim
35bill, which the city agreed to actively support, and
36     WHEREAS, this claim bill is being filed in accordance with
37the consent final judgment in this matter, NOW, THEREFORE,
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  The facts stated in the preamble to this act
42are found and declared to be true.
43     Section 2.  The City of Fernandina Beach is authorized and
44directed to appropriate from funds of the city not otherwise
45encumbered the amount of $400,000 payable to Verlin C. Weaver as
46compensation for injuries and damages suffered as a result of
47the negligence of a former employee of the city. Upon passage of
48this act, payment shall be made in accordance with the terms set
49forth in the General Release and Settlement of Claim entered
50into by Verlin C. Weaver and the City of Fernandina Beach,
51Florida, on May 19, 2004, as follows: within 20 days after the
52Governor signs this act into law, the City of Fernandina Beach
53shall draw a warrant in the amount of $200,000 payable to Verlin
54C. Weaver; on October 10, 2007, the City of Fernandina Beach
55shall draw a warrant in the amount of $100,000 payable to Verlin
56C. Weaver; and, on January 9, 2008, the City of Fernandina Beach
57shall draw a warrant in the amount of $100,000 payable to Verlin
58C. Weaver. Furthermore, in accordance with the release and
59settlement, Verlin C. Weaver is responsible for all expenses,
60including, but not limited to, attorney's fees, associated with
61the legislative claim bill process.
62     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.