Resolution 1998-098
RESOLUTION NO. 98-98
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA DECLARING OPPOSITION TO THE
ENACTMENT OF SENATE BIllJO AND REQUESTING TIlE VETO OF
SAID BILL BY TilE HONORABLE LAWTON CHilES. GOVERNOR.
WHEREAS. on October 6. 1990 Anhur D. Messick was a passenger in II motor vehicle driven by hi!i
brother, Joe Randall Messick. in the Southern Golden Gate Estlltes IIrea ofC-ollier County: IInd
WHEREAS. a smgl-: vehicle automobile accident occurred which resulted in the death of Anhur D.
Messick; and
WHEREAS. following a jury trial. Collier County was found to be 85 percent negligent in the dellth of
Anhur D. Messick and the driver. Joe Randall Messick, was found to be 15 percent negligent: and
WHEREAS. a final judgmenl was entered in the amount of5237,223 in favor of the Estate of Anhur D.
Messick and Collier County has tendered S 100.000. the limit provided by Florida statutes. to the E!itate of
Anhur D. Messick; and
WHEREAS. Senate Bill 30 has been passed by lhe Florida Legislature on behalf of the Estate of Anhur
D. Messick and seeks Collier County to be required by law to pay an additional excess claim amount of
$101.639.55: and
WHEREAS. it is the position oflhe Board of County Commissioners of Collier County thai the Florida
Constitution and statutes providing for yet limiting liability of the stale. its agencies and its subdivisions are
based on reason. logic and fairness. and that it is appropriate and just that the general statutory liability
limitation of $100.000 claim payment to anyone person against a local government not be superseded by
enactment of this excess claims bill where negligence was found against the operator of the vehicle in which
Anhur D. Messick was a passenger; and
WHEREAS, the approval of Senate Bill 30 by the Governor would result in higher costs to Collier
County government and local taxpayers; and
WHEREAS. it is in the best interests of the citizens of Collier County to oppose such increased costs.
NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COlUER COUNTY. FLORIDA that the Board hereby declares its opposition to lhe enactment of Senate Bill
30 and respectfully urges the veto of Senate Bill 30 by the Honorable Lawton Chiles. Governor. Slate: of
Florida.
1998.
This Resolution adopted after mOlion. second and majority vote favoring same this .LL.. day of April.
A TIEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
~' r
BY;~.....unJ""""~ -j~ './.. (' .
D uty Clerk. . ,
Att~~~ ~~ to Chafr.an's
:; ~;;~';\::.J;,,; o.11~'.
By:
Approved as to form and
legal sufficiency;
'U;.1 r!. "&';'}5'1
David C. Weigel I
County Attorney