CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 82
Amendment No. ___ Barcode 750288
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Diaz de la Portilla moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
17 Section 1. The facts stated in the preamble to this
18 act are found and declared to be true.
19 Section 2. There is appropriated from the General
20 Revenue Fund to the Department of Transportation the sum of
21 $483,333.33 for the relief of Maria Verela, as personal
22 representative of the Estate of Veronica Barcos, deceased, and
23 Carlos Barcos as guardian of Janessa Barcos and Natalee
24 Barcos, minor children of Veronica Barcos, for injuries and
25 damages sustained. After payment of fees, costs, and
26 authorized expenses, the proceeds recovered through the
27 passage of this act shall be apportioned equally between
28 Janessa Barcos, surviving minor child of Veronica Barcos, and
29 Natalee Barcos, surviving minor child of Veronica Barcos, and
30 shall be placed in the guardianship account established for
31 Janessa Barcos, surviving minor child of Veronica Barcos, and
1
12:05 PM 03/18/02 s0082c1c-34c2m
SENATE AMENDMENT
Bill No. CS for SB 82
Amendment No. ___ Barcode 750288
1 Natalee Barcos, surviving minor child of Veronica Barcos,
2 respectively.
3 Section 3. The Comptroller is directed to draw a
4 warrant in favor of Maria Verela, as personal representative
5 of the Estate of Veronica Barcos, deceased, and on behalf of
6 Janessa Barcos and Natalee Barcos, minor children of Veronica
7 Barcos, in the sum of $483,333.33, upon funds of the State
8 Transportation (Primary) Trust Fund, and the State Treasurer
9 is directed to pay the same out of such funds in the State
10 Treasury.
11 Section 4. There is appropriated from the General
12 Revenue Fund to the Department of Transportation the sum of
13 $316,666.67 for the relief of Ligia Iglesias and Alba Luz
14 Avendano, as co-personal representatives of the Estate of
15 Zuleima Torres, deceased, and as co-guardians of Ashley Barcos
16 and Gianni Barcos, minor children of Zuleima Torres, for
17 injuries and damages sustained. After payment of fees, costs,
18 and authorized expenses, the proceeds recovered through the
19 passage of this act shall be apportioned equally between
20 Ashley Barcos, surviving minor child of Zuleima Torres, and
21 Gianni Barcos, surviving minor child of Zuleima Torres, and
22 shall be placed in the guardianship account established for
23 Ashley Barcos, surviving minor child of Zuleima Torres, and
24 Gianni Barcos, surviving minor child of Zuleima Torres,
25 respectively.
26 Section 5. The Comptroller is directed to draw a
27 warrant in favor of Ligia Iglesias and Alba Luz Avendano, as
28 co-personal representatives of the Estate of Zuleima Torres,
29 deceased, and on behalf of Ashley Barcos and Gianni Barcos,
30 minor children of Zuleima Torres, in the sum of $316,666.67,
31 upon funds of the Department of Transportation in the State
2
12:05 PM 03/18/02 s0082c1c-34c2m
SENATE AMENDMENT
Bill No. CS for SB 82
Amendment No. ___ Barcode 750288
1 Treasury, and the State Treasurer is directed to pay the same
2 out of such funds in the State Treasury.
3 Section 6. This act shall take effect upon becoming a
4 law.
5
6
7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
10
11 and insert:
12 A bill to be entitled
13 An act for the relief of Maria Verela, as
14 personal representative of the Estate of
15 Veronica Barcos, deceased, and Carlos Barcos as
16 guardian of Janessa Barcos and Natalee Barcos,
17 minor children of Veronica Barcos, and
18 providing for the relief of Ligia Iglesias and
19 Alba Luz Avendano, as co-personal
20 representatives of the Estate of Zuleima
21 Torres, deceased, and as co-guardians of Ashley
22 Barcos and Gianni Barcos, minor children of
23 Zuleima Torres; providing an appropriation to
24 compensate them for injuries sustained as a
25 result of the negligence of the Department of
26 Transportation; providing an effective date.
27
28 WHEREAS, just after midnight on September 1, 1997,
29 27-year-old Zuleima Torres was driving her vehicle in a lawful
30 manner over the 17th Street Bridge in Ft. Lauderdale, Florida,
31 and
3
12:05 PM 03/18/02 s0082c1c-34c2m
SENATE AMENDMENT
Bill No. CS for SB 82
Amendment No. ___ Barcode 750288
1 WHEREAS, Veronica Barcos was a passenger in the vehicle
2 driven by Zuleima Torres, and
3 WHEREAS, the 17th Street Bridge was constructed of
4 reinforced concrete leading up to steel grating, which could
5 be raised to allow boat traffic to pass under the bridge
6 through the intercoastal waterway, and
7 WHEREAS, it had been raining sporadically for several
8 hours, causing the steel grating portion of the bridge to
9 become extremely slick, and
10 WHEREAS, a BMW vehicle traveling ahead of Zuleima
11 Torres' vehicle was caused to spin out of control and come to
12 rest facing oncoming traffic, and
13 WHEREAS, as the vehicle driven by Zuleima Torres came
14 upon the BMW, Zuleima Torres applied her brakes, causing her
15 vehicle to fishtail on the steel grating portion of the
16 bridge, swerve across the center divider, jump the curb and
17 retaining railing, and plunge into the intercoastal waterway
18 below, trapping both occupants inside as it sank to the
19 bottom, and
20 WHEREAS, there was a bridge tender on duty who was
21 aware of the situation at the time of the accident but who did
22 nothing to alert oncoming traffic of the danger ahead, and
23 WHEREAS, the bridge had been the subject of numerous
24 maintenance and repair orders prior to the accident and was in
25 the process of being replaced by a new bridge then under
26 construction, and
27 WHEREAS, lawsuits were filed against the Florida
28 Department of Transportation, seeking compensation for the
29 deaths of Veronica Barcos and Zuleima Torres and asserting,
30 among other things, that the Department of Transportation was
31 on notice of the bridge deficiencies yet failed to properly
4
12:05 PM 03/18/02 s0082c1c-34c2m
SENATE AMENDMENT
Bill No. CS for SB 82
Amendment No. ___ Barcode 750288
1 maintain the roadway surface, and
2 WHEREAS, after vigorously litigating the case, the
3 parties fully mediated this case on April 24, 2001, and
4 reached a settlement of all claims, and
5 WHEREAS, the parties entered into a Stipulation of
6 Settlement in which the Department of Transportation agreed to
7 pay $583,333.33 to the family of Veronica Barcos and
8 $416,666.67 to the family of Zuleima Torres, and
9 WHEREAS, the department has previously paid $100,000
10 each to the claimants, pursuant to the limits set forth in
11 section 768.28, Florida Statutes, and agrees to affirmatively
12 support a claim bill for payments totaling $800,000, NOW,
13 THEREFORE,
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
12:05 PM 03/18/02 s0082c1c-34c2m