Florida Senate - 2013 SB 44
By Senator Sobel
33-00014-13 201344__
1 A bill to be entitled
2 An act for the relief of Ronald Miller by the City of
3 Hollywood; providing for an appropriation to
4 compensate him for injuries sustained as a result of
5 the negligence of the City of Hollywood; providing a
6 limitation on the payment of fees and costs; providing
7 an effective date.
8
9 WHEREAS, on July 30, 2002, Ronald Miller was driving his
10 pickup truck home from work, northbound on Federal Highway in
11 the left-turn lane, and
12 WHEREAS, at that time a City of Hollywood employee, Robert
13 Mettler, who was driving a city utilities truck, cut across the
14 lanes of northbound traffic and crashed into Mr. Miller’s
15 vehicle head-on, and
16 WHEREAS, the impact of the crash caused Mr. Miller to have
17 corrective surgeries for damage to both knees, and
18 WHEREAS, the jury found in favor of Mr. Miller, and a final
19 judgment was entered in the amount of $1,130,731.89, and a cost
20 judgment was entered in the amount of $17,257.82, and
21 WHEREAS, the City of Hollywood has paid $100,000 to Mr.
22 Miller under the statutory limits of liability set forth in s.
23 768.28, Florida Statutes, and
24 WHEREAS, the parties have negotiated in good faith and have
25 arrived at a stipulated resolution of this matter for the
26 payment by the City of Hollywood of an additional $100,000 to
27 Mr. Miller, NOW, THEREFORE,
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. The facts stated in the preamble to this act are
32 found and declared to be true.
33 Section 2. The City of Hollywood is authorized and directed
34 to appropriate from funds of the city not otherwise appropriated
35 and to draw a warrant, payable to Ronald Miller, for the total
36 amount of $100,000 as compensation for injuries and damages
37 sustained as a result of the negligence of an employee of the
38 City of Hollywood.
39 Section 3. The amount paid by the City of Hollywood
40 pursuant to s. 768.28, Florida Statutes, and the amount awarded
41 under this act are intended to provide the sole compensation for
42 all present and future claims arising out of the factual
43 situation described in this act which resulted in injuries to
44 Ronald Miller. All expenses that constitute a part of Ronald
45 Miller’s judgments described in this claim shall be paid from
46 the amount awarded under this act on a pro rata basis. The total
47 amount paid for attorney fees, lobbying fees, costs, and other
48 similar expenses relating to this claim may not exceed 25
49 percent of the amount awarded under this act.
50 Section 4. This act shall take effect upon becoming a law.