CAO 02-12 CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
TO:
FROM:
Jorge M. Gonzalez
City Manager
Murray H. Dubbin ~,~
City Attorney
C.A.O. No. 02-12
SUBJECT: Senate Bill 28 o An Act Related to the City of Miami Beach
DATE:
August 13, 2002
In response to your query with regard to Senate Bill 28, which is a Claims Bill directed to the
City of Miami Beach in the amount of $3,217,029.40, please be advised that this lawsuit Jeffery
Akers v. City of Miami Beach was not defended by the City Attbrney's office. This matter was
defended by Attorney John McClure of Angones, Hunter, McClure, Lynch, Williams & Garcia at
the direction of Spectacor Management Group which is insured by TIG Insurance for $1,000.000.00
with an Umbrella Policy of $5,000,000.00 per each occurrence. The CITY is an additional insured
under that policy and as such was entitled to a defense and to indemnification by SMG and its
insurer.
The CITY has paid no monies to Jeffery Akers in thi~ matter and will not pay any monies to
Jeffery Akers in this matter. The entire financial burden of this Claims Bill, if passed, will be borne
by the insurers for SMG and not the CITY. It will have no financial impact whatsoever upon the
CITY.
It is my understanding that the appeal period has mn and the insurance company is fighting
'this verdict which is clearly over the CITY's $100,000.00 cap. A Claims Bill is heard in the
legislature just as a suit is heard before aj ury. The legislature can grant the jury award, reduc_e_ it,
find it without merit Or deny it altogether.
We will keep you updated as events unfold.
Christina M. Cuervo, Assistant City Manager
Patricia Walker, Chief Financial Officer
Kevin Crowder, Economic Development Division Director
CITY OF MIAMI BEACH
Office of the City Manager
To: Murray H. Dubbin
City Attorney
From: Jorge M. Gonzalez .~. ~.-'5'""
City Manager :,)
Subject: SENATE BILL 28 - AN ACT RELATED TO THE CITY OF MIAMI BEACH
Date: August 8, 2002
Attached please find Senate Bill 28 that was filed by Senator Villalobos for the upcoming
2003 Legislative Session. This bill directs the City to compensate Jeffrey Akers for
personal injuries caused by the neglect of the City in the amount of $3,217,029.40.
Please review the attached proposed legislation and advise of any action the City should
be taking to minimize the potential adverse impact this may cause the City. Please forward
any relevant information related to this issue to my office for review as the new legislative
session approaches and as the Administration develops the appropriate strategies for the
session. I will have my assistant Pauline contact your office to arrange a time that we can
discuss this issue further.
J M G/~{~l'C/kc
F:\DCIHI:~$AL L',,KEVlN~Con~sponden ce% egal Opinion\Claims Bill.doc
attachment
c: Christina M. Cuervo, Assistant City Manager
Patricia Walker, Chief Financial Officer
Kevin Crowder, Economic Development Division Director
Florida Senate - 2003
By Senator Villalobos
(NP)
SB 28
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37-23-03
A bill to be entitled
An act relating to the City of Miami Beach;
providing for the relief of Jeffrey Akers;
authorizing and directing the City of Miami
Beach to compensate Mr. Akers for personal
injuries that he suffered due to the negligence
of the City of Miami Beach; providing for
attorney's fees and court costs; providing an
effective date.
WHEREAS, Jeffrey Akers has at all times been a resident
of Dade County, Florida, is over 18 years of ~ge, and is
otherwise sui juris, and
WHEREAS, on or about May 19, 1995, Jeffrey Akers was
lawfully o~ the Premises of the Convention Center in the
process of climbing on a ladder attached to the premises as a
permanent fixture or appurtenance, at which time Mr. Akers
fell from the ladder, a distance of approximately 20 feet,
striking the roof-level at the bottom of the ladder, and
WHEREAS, Jeffrey Akers was not an employee of the City
of Miami Beach, and
WHEREAS, the City of Miami Beach owned the building and
has a reasonable duty to provide proper equipment on the
building, and
WHEREAS, the City of Miami Beach was negligent and
careless in the following manner, which proximately caused or
contributed to Mr. Akers' injuries:
1. Failing to have a safe ladder installed;
2. Violating standards with respect to the height,
design, configuration, and surfaces of the ladder;
CODING:Words st-r~ken are deletions; words underlined are additions.
Florida Senate - 2003
37-23-03
(NP) SB 28
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3. Failing to provide a ladder that was designed to be
safe when used for its intended purpose;
4. Failing to provide additional safety apparatuses
attached to and made a part of the ladder;
5. Erecting and constructing the ladder an improper
distance from landing surfaces;
6. Failing to provide adequate grip surfaces on the
ladder;
7. Failing to have adequately designed handrails on
the ladder; and
8. Providing an unstable ladder on the premises, from
which Mr. Akers fell, and
WHEREAS, a lawsuit was filed against the City of Miami
Beach and the court entered a final judgment in favor of
Jeffrey Akers in the amount of $3,317.029.40, and
WHEREAS, the City of Miami Beach has paid Jeffrey Akers
$100,000 pursuant to its obligation under section 768.28,
Florida Statutes, and the remaining excess judgment amount
owed is $3,217,029.40, NOW, THEREFORE,
Be It Enacted by the Legislature of the State of Florida:
Section 1. The facts stated in the preamble to this
act are found and declared to be true.
Section 2. The City of Miami Beach is authorized and
directed to appropriate from funds of the municipality not
otherwise appropriated and to draw a warrant in the amount of
$3,217,029.40, which amount includes attorney's fees and
costs, payable to Jeffrey Akers as compensation for injuries
and damages sustained by Mr. Akers as a result of the
negligence of the City of Miami Beach.
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CODING:Words st~ are deletions; words underlined are additions.
Florida Senate - 2003
37-23-03
(NP) SB 28
Section 3. This act shall take effect upon becoming a
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CODING:Words st-z-i-ck~r~ are deletions; words underlined are additions.
. Crowder, Kevin
From:
Sent:
To:
Subject:
Cuervo, Christina
Wednesday, August 07, 2002 4:19 PM
Crowder, Kevin; Gonzalez, Jorge
RE: SB 28 - claims bill
MHD needs to be apprised of this asap...prepare a memo for JMG signature transmitting
same .... thanks,CMC.
..... Original Message .....
From: Crowder, Kevin
Sent: Wednesday, August 07, 2002 12:40 PM
To: Gonzalez, Jorge; Cuervo, Christina
Subject: RE: SB 28 - claims bill
I spoke to Fausto about this.
Since the City is self-insured, the award is beyond our limits and therefore needs
legislative action.
The bill will now go to a Special Master who works for the House and Senate. He will
decide whether the claim has merit or not. He does not have to accept the recommendation
of the Court - he can increase or decrease the award, or determine that the claim does not
have merit. His staff report will serve as a guide for the legislature, and after his
review it is treated like a regular bill, and will be reviewed by the Claims Committee of
each chamber.
If the Special Master agrees with the claim, the members frown upon going against that
recommendation and usually approve the award.
Claims bills are the only bills that lobbyists can collect contingency fees on.
will try and find out details of this case from Legal.
Fausto is in the same building as Villalobos and offered to go speak to him about this if
we like.
kc
..... Original Message .....
From: Gonzalez, Jorge
Sent: Tuesday, August 06, 2002 3:20 PM
To: Cuervo, Christina; Crowder, Kevin
Subject: RE: SB 28 - claims bill
- Lets discuss.
I have not heard about this as all.
Mow can this go to State Senate.
..... Original Message .....
From: Cuervo, Christina
Sent: Friday, August 02, 2002 2:51 PM
To: Crowder, Kevin
Cc: Gonzalez, Jorge
Subject: RE: SB 28 - claims bill
JMG,, this is huge!!!! talk about budget issues .... AM I not reading this right?
..... Original Message
From: Crowder, Kevin
Sent: Friday, August 02, 2002 2:20 PM
To: Cuervo, Christina
Subject: RE: SB 28 - claims bill
I assume they know about the case, the bill says that judgement was rendered. They may not
yet know about the bill. I'm forwarding a copy to them.
..... Original Message .....
From: Cuervo, Christina
Sent: Friday, August 02, 2002 2:01 PM
To: Crowder, Kevin
Subject: RE: SB 28 - claims bill
kc, what is this? $3million .... does legal know this?
..... Original Message .....
From: Crowder, Kevin
Sent: Thursday, August 01, 2002 11:10 AM
To: Cuervo, Christina; Gonzalez, Jorge
Subject: FW: SB 28 - claims bill
Claims bill to CMB filed by Villalobos
..... Original Message .....
From: Karla Goodson [mailto:kgoodson@reuphlaw.com]
Sent: Thursday, August 01, 2002 10:57 AM
To: Crowder, Kevin
Subject: SB 28 - claims bill
per your conversation with Margie.