August 24, 2019
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Senate Bill 0042

Senate Bill sb0042

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                        SB 42

    By Senator Haridopolos





    26-20-04

  1                      A bill to be entitled

  2         An act relating to the City of Fernandina

  3         Beach; providing for the relief of Regina

  4         Lloyd; authoring and directing the City of

  5         Fernandina Beach to compensate Ms. Lloyd for

  6         personal injuries that she suffered due to the

  7         negligence of an employee of the city;

  8         providing for attorney's fees and costs;

  9         providing an effective date.

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11         WHEREAS, at approximately 10:00 a.m. on November 11,

12  2002, Regina Lloyd was driving her 1991 Plymouth Lazer and

13  traveling south on 8th Street, a four-lane highway, with two

14  lanes in each direction divided by a grassy median, in the

15  City of Fernandina Beach, Florida, and

16         WHEREAS, Ms. Lloyd was traveling on 8th Street at the

17  posted speed limit of 45 miles per hour and was wearing her

18  seatbelt, and

19         WHEREAS, Ms. Lloyd's two-year-old son, Anthony, was in

20  his car seat belted into the back seat, and

21         WHEREAS, an employee of the City of Fernandina Beach

22  was driving a city-owned garbage truck, traveling north on 8th

23  Street, and

24         WHEREAS, the driver of the garbage truck struck the

25  rear of another vehicle traveling north on 8th Street causing

26  both drivers to lose control of their vehicles, and

27         WHEREAS, as a result of the collision and the loss of

28  control, the garbage truck crossed the grassy median of 8th

29  Street, and

30         WHEREAS, the garbage truck struck a vehicle traveling

31  south on 8th Street, and

                                  1

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    Florida Senate - 2004        (NP)                        SB 42
    26-20-04




 1         WHEREAS, as a result of the second collision, the

 2  garbage truck rolled over on to the car driven by Ms. Lloyd,

 3  crushing her inside her car, and

 4         WHEREAS, as a result of the accident, Ms. Lloyd

 5  suffered severe injuries, including a broken neck at C6 of her

 6  spine, permanently rendering Ms. Lloyd a quadriplegic, and

 7         WHEREAS, as a result of the injuries to her back, Ms.

 8  Lloyd can no longer perform her current occupation as a

 9  Certified Nurse Assistant, and

10         WHEREAS, as a result of these events, Ms. Lloyd,

11  Michael Lloyd, her husband, and Anthony Lloyd, her son, have

12  brought suit against the City of Fernandina Beach, and

13         WHEREAS, the negligence of the employee of the City of

14  Fernandina Beach was the cause of the accident that occurred

15  while the employee was operating the garbage truck in the

16  course and scope of the employee's duties, and

17         WHEREAS, the City of Fernandina Beach has not yet

18  tendered to Ms. Lloyd the sum of $100,000, which is the

19  statutory limit on waivers of sovereign immunity, and

20         WHEREAS, at the time of the accident, the City of

21  Fernandina Beach was insured for general liability by

22  Preferred Governmental Insurance Trust, but the company has

23  not yet tendered to Ms. Lloyd the policy limits, and

24         WHEREAS, Ms. Lloyd is, therefore, petitioning the

25  Legislature for reimbursement in the amount of $8 million,

26  NOW, THEREFORE,

27  

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

29  

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

31  act are found and declared to be true.

                                  2

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    Florida Senate - 2004        (NP)                        SB 42
    26-20-04




 1         Section 2.  The City of Fernandina Beach is authorized

 2  and directed to appropriate from funds of the city not

 3  otherwise appropriated and to draw a warrant in the amount of

 4  $8 million, which amount includes statutory attorney's fees

 5  and costs, payable to Regina Lloyd as compensation for

 6  injuries and damages sustained by Ms. Lloyd as a result of the

 7  negligence of an employee of the city.

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

 9  law.

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                                  3

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

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