Bill Text: FL H1251 | 2011 | Regular Session | Introduced

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Bill Title: Relief/Lopez & Guzman/Miami-Dade County

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1251 Detail]

Download: Florida-2011-H1251-Introduced.html

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HB 1251

1	A bill to be entitled
2	An act for the relief of Ronnie Lopez and Robert Guzman,
3	individually and as Co-Personal Representatives of the
4	Estate of Ana-Yency Velasquez, deceased, and for Ronnie
5	Lopez, Jr., Ashley Lorena Lopez-Velasquez, and Steven
6	Robert Guzman, minor children of Ana-Yency Velasquez, by
7	Miami-Dade County; providing for an appropriation to
8	compensate the estate and the minor children for the death
9	of Ana-Yency Velasquez as a result of the negligence of an
10	employee of Miami-Dade County; providing a limitation on
11	attorney's fees, lobbying fees, and costs; providing an
12	effective date.
13
14	WHEREAS, Ronnie Lopez, Co-Personal Representative of the
15	Estate of Ana-Yency Velasquez, deceased, is the father of Ronnie
16	Lopez, Jr., age 4, and Ashley Lorena Lopez-Velasquez, age 3, and
17	Ana-Yency Velasquez, deceased, was the mother of Ronnie Lopez,
18	Jr., and Ashley Lorena Lopez-Velasquez, and
19	WHEREAS, Robert Guzman, Co-Personal Representative of the
20	Estate of Ana-Yency Velasquez, deceased, is the father of minor
21	child, Steven Robert Guzman, age 8, and Ana-Yency Velasquez,
22	Deceased, was the mother of Steven Robert Guzman, and
23	WHEREAS, on February 23, 2009, a Miami-Dade County Police
24	Officer, when driving his marked police unit through an
25	intersection, failed to obey a posted stop sign and also did not
26	engage his lights or sirens, and
27	WHEREAS, protocol for the Miami-Dade County Police
28	Department requires that lights and sirens be engaged whenever
29	any police vehicle is in pursuit of another vehicle, and
30	WHEREAS, section 316.271, Florida Statutes, requires lights
31	and sirens to be engaged whenever an authorized emergency
32	vehicle is responding to an emergency or in the immediate
33	pursuit of an actual or suspected violator of the law, and
34	WHEREAS, the vehicle driven by the Miami-Dade County police
35	unit was in pursuit of a phantom speeding vehicle at the time of
36	the collision, and
37	WHEREAS, the Miami-Dade County police cruiser crashed into
38	and broadsided the vehicle operated by Ana-Yency Velasquez, then
39	23 years of age and the mother of three minor children, at the
40	intersection of N.W. 112th St. and N.W. 12th Ave., and
41	WHEREAS, the Miami-Dade County police cruiser, operated by
42	the officer struck the vehicle driven by Ana-Yency Velasquez
43	with such force that her automobile crashed into the bedroom of
44	a nearby residence, throwing debris from the automobile onto the
45	roof of the residence, and
46	WHEREAS, Ana-Yency Velasquez was killed as a result of the
47	negligence of an employee of Miami-Dade County, Florida, and
48	WHEREAS, mediation of the claims of this matter was held on
49	November 17, 2010, and
50	WHEREAS, at mediation, Miami-Dade County acknowledged that
51	the damages far exceeded the statutory limit of $200,000
52	established under s. 768.28, Florida Statutes, and the
53	representatives of Miami-Dade County agreed and entered into a
54	Mediation Settlement Agreement, and
55	WHEREAS, in the Mediation Settlement Agreement, Miami-Dade
56	County agreed to pay $150,000 to the plaintiffs under the
57	statutory limits on damages and the remaining $50,000 was paid
58	to the Co-Personal Representatives of the Estate of Ana-Yency
59	Velasquez and to the owner of the house that incurred damage as
60	a result of the crash, and
61	WHEREAS, Miami-Dade County has paid $150,000 to the Co-
62	Personal Representatives of the Estate of Ana-Yency Velasquez
63	under the statutory limits of liability set forth in s. 768.28,
64	Florida Statutes, and
65	WHEREAS, Miami-Dade County has agreed in the Mediation
66	Settlement Agreement to actively support the passage of a claims
67	bill in the amount of $1,010,000, NOW, THEREFORE,
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  The facts stated in the preamble to this act
72	are found and declared to be true.
73	Section 2.  Miami-Dade County is authorized and directed to
74	appropriate from funds of the county not otherwise appropriated
75	and to draw a warrant in the sum of $1,010,000 payable to Ronnie
76	Lopez and Robert Guzman, individually and as Co-Personal
77	Representatives of the Estate of Ana-Yency Velasquez, deceased,
78	for the benefit of Ronnie Lopez, Jr., Ashley Lorena Lopez-
79	Velasquez, and Steven Robert Guzman, minor children of Ana-Yency
80	Velasquez, as compensation for the death of Ana-Yency Velasquez
81	as a result of the negligence of an employee of Miami-Dade
82	County.
83	Section 3.  This award is intended to provide the sole
84	compensation for all present and future claims arising out of
85	the factual situation described in the preamble to this act
86	which resulted in the death of Ana-Yency Velasquez. The total
87	amount paid for attorney's fees, lobbying fees, costs, and
88	similar expenses relating to this claim may not exceed 25
89	percent of the total amount awarded under section 2.
90	Section 4.  This act shall take effect upon becoming a law.

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