Introduced by Councilmember Joost and Daniels

Introduced by CouncilMember Joost and Daniels:

RESOLUTION 2014-231

A RESOLUTION REQUESTING AND URGING THE FLORIDA LEGISLATURE AND GOVERNOR RICK SCOTT TO APPROVE HOUSE BILL 3513 AND SENATE BILL 30 AUTHORIZING A $3.3 MILLION DOLLAR SETTLEMENT TO PROVIDE RELIEF OF JOSEPH AND AUDREY STEWART, on behalf of their son, Aubrey Stewart, by the City of Jacksonville;Requesting emergency passage UPON INTRODUCTION; DIRECTING THE COUNCIL LEGISLATIVE SERVICES DIVISION TO PROVIDE A COPY OF THIS RESOLUTION TO the following: Governor of Florida; President of the Florida Senate; Speaker of the Florida House; members of the Duval Legislative Delegation; Chair of the Senate Judiciary Committee and Committee Staff Director (Senator Tom Lee and Tom Cibula); Chair of the Senate Community Affairs Committee and Committee Staff Director (Senator Wilton Simpson and Tom Yeatman); Chair of the Senate Rules Committee and Committee Staff Director (Senator John Thrasher and John B. Phelps); Chair of the House Judiciary Committee and Committee Staff Director (Representative Dennis Baxley and Randy Havlicak); and, Chair of the House Civil Justice Subcommittee and Committee Policy Chief (Representative Larry Metz and Nathan Bond); PROVIDINGAN EFFECTIVE DATE.

WHEREAS,the Jacksonville City Council unanimously approved Ordinance 2013-515-E on July 23, 2013, approving the payment of a $3.5 million dollar settlement in the case of Joseph and Audrey Stewart vs. the City of Jacksonville; and

WHEREAS, the City of Jacksonville supports the passage of a claims bill to collect the remainder of the $3.3 million in installments to Joseph and Audrey Stewart; and

WHEREAS, legislation has been introduced in the 2014 Florida legislation, Senate Bill 30 and Companion House Bill 3513 as a “Claim” bill to request the Florida legislature to allow payment to the plaintiff in excess of the legal limit; and

WHEREAS, the 2014 Legislature began its legislative session March 3, 2014, and upon enactment and transmittal of this legislation, the 2014 legislative session is half over; and

WHEREAS, as of the date of this writing, no action has been taken on the claim bill, Senate Bill 30 and House Bill 3513; and

WHEREAS, during the 2013 Florida Legislative Session, the legislature did not take up any claims bills; and

WHEREAS, such action of no action of the 2014 Legislature on Claims Bills, specifically Senate Bill 30 and House Bill 3513, would be unconscionable; now therefore

BE IT RESOLVED by the Council of the City of Jacksonville:

Section 1.City Support. The City of Jacksonville hereby urges the Florida legislature and Governor Rick Scott to approve House Bill 3513 and Senate Bill 30 and allow for a $3.3 million settlement to provide relief of Joseph and Audrey Stewart, on behalf of their son, Aubrey Stewart, by the City of Jacksonville.

Section 2.Requesting Emergency Passage Upon Introduction, Pursuant to Council Rules 4.901 Emergency. Emergency passage upon introduction of this resolution is requested, because the Florida legislature is in session.

Section 3.Direction to Circulate. The City Council Legislative Services Division is hereby directed to provide a copy of this resolution to the following: Governor of Florida; President of the Florida Senate; Speaker of the Florida House; members of the Duval Legislative Delegation; Chair of the Senate Judiciary Committee and Committee Staff Director (Senator Tom Lee and Tom Cibula); Chair of the Senate Community Affairs Committee and Committee Staff Director (Senator Wilton Simpson and Tom Yeatman); Chair of the Senate Rules Committee and Committee Staff Director (Senator John Thrasher and John B. Phelps); Chair of the House Judiciary Committee and Committee Staff Director (Representative Dennis Baxley and Randy Havlicak); and, Chair of the House Civil Justice Subcommittee and Committee Policy Chief (Representative Larry Metz and Nathan Bond).

Section 4. Effective Date. This Resolution shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.

Form Approved:

/s/ Margaret M. Sidman

Office of General Counsel

Legislation Prepared By:Margaret M. Sidman

G:\SHARED\LEGIS.CC\2014\Res\Urging FL Legislature re Stewart Settlement.doc

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