HB 43

A bill to be entitled
2An act for the relief of Ronald Miller by the City of
3Hollywood; providing for an appropriation to
4compensate him for injuries sustained as a result of
5the negligence of the City of Hollywood; providing a
6limitation on the payment of fees and costs; providing
7an effective date.
9     WHEREAS, on July 30, 2002, Ronald Miller was driving his
10pickup truck home from work, northbound on Federal Highway in
11the left-turn lane, and
12     WHEREAS, at that time, a City of Hollywood employee, Robert
13Mettler, who was driving a city utilities truck, cut across the
14lanes of northbound traffic and crashed into Mr. Miller's
15vehicle head-on, and
16     WHEREAS, the impact of the crash caused Mr. Miller to have
17corrective surgeries for damage to both knees, and
18     WHEREAS, the jury found in favor of Ronald Miller and a
19Final Judgment was entered in the amount of $1,130,731.89, and a
20cost judgment was entered in the amount of $17,257.82, and
21     WHEREAS, the City of Hollywood has paid $100,000 to Ronald
22Miller under the statutory limits of liability set forth in s.
23768.28, Florida Statutes, and
24     WHEREAS, the parties have negotiated in good faith and have
25arrived at a stipulated resolution of this matter by the payment
26by the City of Hollywood of an additional $100,000 to Ronald
29Be It Enacted by the Legislature of the State of Florida:
31     Section 1.  The facts stated in the preamble to this act
32are found and declared to be true.
33     Section 2.  The City of Hollywood is authorized and
34directed to appropriate from funds of the city and to draw a
35warrant, payable to Ronald Miller, for the total amount of
36$100,000 as compensation for injuries and damages sustained as a
37result of the negligence of the City of Hollywood.
38     Section 3.  The amount paid by the City of Hollywood
39pursuant to s. 768.28, Florida Statutes, and the amount awarded
40under this act are the sole and final compensation for all
41present and future claims arising out of the facts described in
42this act which resulted in injuries to Ronald Miller. All
43expenses which constituted part of Ronald Miller's judgments
44described herein shall be paid from the amount awarded under
45this act on a pro rata basis. The total amount paid from all
46sources for attorney's fees, lobbying fees, costs, and other
47similar expenses relating to this claim may not exceed 25
48percent of the amount awarded under this act.
49     Section 4.  This act shall take effect upon becoming a law.

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