| 1 | A bill to be entitled |
| 2 | An act for the relief of Sheryl D. Allen and George F. |
| 3 | Allen by the City of Tallahassee; providing for an |
| 4 | appropriation to compensate Sheryl D. Allen and George F. |
| 5 | Allen for injuries sustained as a result of an accident |
| 6 | involving Sheryl D. Allen and an employee of the City of |
| 7 | Tallahassee; providing for attorney's fees, lobbyist's |
| 8 | fees, and costs; providing an effective date. |
| 9 |
|
| 10 | WHEREAS, on December 8, 2001, Sheryl D. Allen was in |
| 11 | Tallahassee chaperoning her daughter's Keystone Heights High |
| 12 | School Band as they participated in the city's 2001 Winter |
| 13 | Festival parade, and |
| 14 | WHEREAS, Sheryl D. Allen was hit by a large trailer/float |
| 15 | owned by the City of Tallahassee and driven by a City of |
| 16 | Tallahassee employee when the trailer swung wide, leaving the |
| 17 | parade disembarkment area, and |
| 18 | WHEREAS, the contact with the trailer knocked Sheryl D. |
| 19 | Allen to the ground, resulting in a skull fracture and |
| 20 | significant closed-head injury, and |
| 21 | WHEREAS, the accident of December 8, 2001, formed the basis |
| 22 | of a negligence action filed against the City of Tallahassee in |
| 23 | 2002, and |
| 24 | WHEREAS, the city, after extensive discovery during the |
| 25 | litigation, admitted liability, and |
| 26 | WHEREAS, on April 7, 2004, the City of Tallahassee and |
| 27 | Sheryl D. Allen and George F. Allen, husband of Sheryl D. Allen, |
| 28 | mediated the case prior to trial and reached an agreement |
| 29 | whereby the city agreed to pay Sheryl D. Allen and George F. |
| 30 | Allen $200,000, pursuant to the limits of liability set forth in |
| 31 | s. 768.28, Florida Statutes, and to support the passage of a |
| 32 | claims bill in the Legislature for an additional payment of |
| 33 | $775,000, and |
| 34 | WHEREAS, the Tallahassee City Commission and the Circuit |
| 35 | Court in and for the Second Judicial Circuit approved the |
| 36 | settlement agreement reached at mediation, and the city has paid |
| 37 | $200,000 to Sheryl D. Allen, George F. Allen, and their |
| 38 | attorneys, and |
| 39 | WHEREAS, the City of Tallahassee has agreed to support the |
| 40 | filing and passage of this bill and has agreed that, if this act |
| 41 | becomes law, the City of Tallahassee, within 30 days after the |
| 42 | effective date of this act, will pay an additional $775,000 to |
| 43 | Sheryl D. Allen and George F. Allen, NOW, THEREFORE, |
| 44 |
|
| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
|
| 47 | Section 1. The facts stated in the preamble to this act |
| 48 | are found and declared to be true. |
| 49 | Section 2. The City of Tallahassee is authorized and |
| 50 | directed to appropriate from funds of the city not otherwise |
| 51 | appropriated and to draw a warrant in the sum of $775,000 |
| 52 | payable to Sheryl D. Allen and George F. Allen as compensation |
| 53 | for injuries and damages sustained due to the negligence of an |
| 54 | employee of the city. |
| 55 | Section 3. Payment for attorney's fees and costs incurred |
| 56 | by the claimant's attorneys shall not exceed $117,946. Payment |
| 57 | for the professional services and costs of lobbyists advocating |
| 58 | for passage of this claim shall not exceed $7,750. |
| 59 | Section 4. This act shall take effect upon becoming a law. |