HomeMy WebLinkAboutR-15-0510City of Miami
Legislation
Resolution: R-15-0510
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00550 Final Action Date: 11/19/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING SETTLEMENT IN
THE AMOUNT OF $2,500,000.00 IN SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND
SERVANTS, IN THE CASE OF MARILYN JELKS AS GUARDIAN OF THE PERSON
AND PROPERTY OF MARY MIFFLIN-GEE ("PLAINTIFF") V. CITY OF MIAMI, CASE
NO. 13-026644 CA 25; AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE
PLAINTIFF THE SUM OF $200,000.00; AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY THE PLAINTIFF THE AMOUNT OF A CLAIM BILL UP TO THE
SUM OF $2,300,000.00 AFTER THE ENACTMENT OF A CLAIM BILL BY THE
FLORIDA LEGISLATURE AND FURTHER AGREEING NOT TO OBJECT TO THE
PASSAGE OF A CLAIM BILL IN THE AMOUNT OF $2,300,000.00; ALLOCATING
FUNDS IN THE AMOUNT OF $2,500,000.00 FROM THE SELF INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 50001.301001.545013.0000.00000.
WHEREAS, Marilyn Jelks, as guardian of the person and property of Mary Mifflin Gee ("Plaintiff"),
filed a claim and lawsuit against the City of Miami ("City"), in the Circuit Court of the Eleventh Judicial
Circuit of Florida, Case No. 13-026644 CA 25; and
WHEREAS, Section 768.28(5) Florida Statutes, imposes a $200,000.00 limit per person, and
$300,000.00 limit per incident, on the collectability of any tort judgment based on the liability of a
government entity; and
WHEREAS, these limits do not preclude plaintiffs from obtaining judgments in excess of the
statutory cap; however, Section 11.066, Florida Statutes, requires a claimant to petition the Florida
Legislature, in accordance with its rules, to seek an appropriation to pay a judgment against the
governmental entity; and
WHEREAS, the City Attorney's Office has investigated and evaluated this claim and lawsuit,
pursuant to Sections 401.45(4) and 768.13(b)2, Florida Statutes, as amended, and recommends that
said claim and lawsuit be settled for the sum of $2,500,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission approves settlement of any and all claims and demands against
the City, its officers, agents and servants, in the case of Marilyn Jelks as guardian of the person and
property of Mary Mifflin -Gee v. City of Miami, Case No. 13-02664 CA 25 in the amount of
$2,500,000.00.
City of Miami
Page 1 of 2 File Id: 15-00550 (Version: 11 Printed On: 4/9/2018
File Number: 15-00550 Enactment Number: R-15-0510
Section 3. The City Commission agrees not to object to the enactment of a claim bill by the
Florida Legislature in the amount of the unsatisfied difference between the statutory dollar limits on
collectability and the full amount of the Plaintiff's settlement with the City, specifically, $2,300,000.00.
Section 4. The Director of Finance is authorized to pay the Plaintiff, without admission of liability,
the sum of $2,500,000.00. Payment of any amount over $200,000.00 is subject to the enactment of a
claim bill by the Florida Legislature in the case of Marilyn Jelks as guardian of the person and
property of Mary Mifflin -Gee v. City of Miami, Case No. 13-026644 CA 25, upon executing a general
release subject to subsequent relief, for the City, its present and former officers, agents and
employees from any and all claims and demands with funds allocated from account number
50001.301001.545013.0000.00000.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 15-00550 (Version: 11 Printed On: 4/9/2018