Senate Bill sb0082e2

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    CS for SB 82                            Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act for the relief of Maria Verela, as

  3         personal representative of the Estate of

  4         Veronica Barcos, deceased, and Carlos Barcos as

  5         guardian of Janessa Barcos and Natalee Barcos,

  6         minor children of Veronica Barcos, and

  7         providing for the relief of Ligia Iglesias and

  8         Alba Luz Avendano, as co-personal

  9         representatives of the Estate of Zuleima

10         Torres, deceased, and as co-guardians of Ashley

11         Barcos and Gianni Barcos, minor children of

12         Zuleima Torres; providing an appropriation to

13         compensate them for injuries sustained as a

14         result of the negligence of the Department of

15         Transportation; providing an effective date.

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17         WHEREAS, just after midnight on September 1, 1997,

18  27-year-old Zuleima Torres was driving her vehicle in a lawful

19  manner over the 17th Street Bridge in Ft. Lauderdale, Florida,

20  and

21         WHEREAS, Veronica Barcos was a passenger in the vehicle

22  driven by Zuleima Torres, and

23         WHEREAS, the 17th Street Bridge was constructed of

24  reinforced concrete leading up to steel grating, which could

25  be raised to allow boat traffic to pass under the bridge

26  through the intercoastal waterway, and

27         WHEREAS, it had been raining sporadically for several

28  hours, causing the steel grating portion of the bridge to

29  become extremely slick, and

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    CS for SB 82                            Second Engrossed (ntc)



  1         WHEREAS, a BMW vehicle traveling ahead of Zuleima

  2  Torres' vehicle was caused to spin out of control and come to

  3  rest facing oncoming traffic, and

  4         WHEREAS, as the vehicle driven by Zuleima Torres came

  5  upon the BMW, Zuleima Torres applied her brakes, causing her

  6  vehicle to fishtail on the steel grating portion of the

  7  bridge, swerve across the center divider, jump the curb and

  8  retaining railing, and plunge into the intercoastal waterway

  9  below, trapping both occupants inside as it sank to the

10  bottom, and

11         WHEREAS, there was a bridge tender on duty who was

12  aware of the situation at the time of the accident but who did

13  nothing to alert oncoming traffic of the danger ahead, and

14         WHEREAS, the bridge had been the subject of numerous

15  maintenance and repair orders prior to the accident and was in

16  the process of being replaced by a new bridge then under

17  construction, and

18         WHEREAS, lawsuits were filed against the Florida

19  Department of Transportation, seeking compensation for the

20  deaths of Veronica Barcos and Zuleima Torres and asserting,

21  among other things, that the Department of Transportation was

22  on notice of the bridge deficiencies yet failed to properly

23  maintain the roadway surface, and

24         WHEREAS, after vigorously litigating the case, the

25  parties fully mediated this case on April 24, 2001, and

26  reached a settlement of all claims, and

27         WHEREAS, the parties entered into a Stipulation of

28  Settlement in which the Department of Transportation agreed to

29  pay $583,333.33 to the family of Veronica Barcos and

30  $416,666.67 to the family of Zuleima Torres, and

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    CS for SB 82                            Second Engrossed (ntc)



  1         WHEREAS, the department has previously paid $100,000

  2  each to the claimants, pursuant to the limits set forth in

  3  section 768.28, Florida Statutes, and agrees to affirmatively

  4  support a claim bill for payments totaling $800,000, NOW,

  5  THEREFORE,

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  The facts stated in the preamble to this

10  act are found and declared to be true.

11         Section 2.  The Executive Office of the Governor is

12  directed to establish spending authority from unappropriated

13  trust fund balances in the Department of Transportation in the

14  amount of $483,333.33 to a new category titled "Relief: Maria

15  Verela" as relief for injuries and damages sustained.  After

16  payment of fees, costs, and authorized expenses, the proceeds

17  recovered through the passage of this act shall be apportioned

18  equally between Janessa Barcos, surviving minor child of

19  Veronica Barcos, and Natalee Barcos, surviving minor child of

20  Veronica Barcos, and shall be placed in the guardianship

21  account established for Janessa Barcos, surviving minor child

22  of Veronica Barcos, and Natalee Barcos, surviving minor child

23  of Veronica Barcos, respectively.

24         Section 3.  The Comptroller is directed to draw a

25  warrant in favor of Maria Verela, as personal representative

26  of the Estate of Veronica Barcos, deceased, and on behalf of

27  Janessa Barcos and Natalee Barcos, minor children of Veronica

28  Barcos, in the sum of $483,333.33, upon funds of the State

29  Transportation (Primary) Trust Fund, and the State Treasurer

30  is directed to pay the same out of such funds in the State

31  Treasury.


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    CS for SB 82                            Second Engrossed (ntc)



  1         Section 4.  The Executive Office of the Governor is

  2  directed to establish spending authority from unappropriated

  3  trust fund balances in the Department of Transportation in the

  4  amount of $316,666.67 to a new category titled "Relief: Ligia

  5  Iglesias and Alba Luz Avendano" as relief for injuries and

  6  damages sustained.  After payment of fees, costs, and

  7  authorized expenses, the proceeds recovered through the

  8  passage of this act shall be apportioned equally between

  9  Ashley Barcos, surviving minor child of Zuleima Torres, and

10  Gianni Barcos, surviving minor child of Zuleima Torres, and

11  shall be placed in the guardianship account established for

12  Ashley Barcos, surviving minor child of Zuleima Torres, and

13  Gianni Barcos, surviving minor child of Zuleima Torres,

14  respectively.

15         Section 5.  The Comptroller is directed to draw a

16  warrant in favor of Ligia Iglesias and Alba Luz Avendano, as

17  co-personal representatives of the Estate of Zuleima Torres,

18  deceased, and on behalf of Ashley Barcos and Gianni Barcos,

19  minor children of Zuleima Torres, in the sum of $316,666.67,

20  upon funds of the Department of Transportation in the State

21  Treasury, and the State Treasurer is directed to pay the same

22  out of such funds in the State Treasury.

23         Section 6.  This act shall take effect upon becoming a

24  law.

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