Senate Bill sb0082er
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2002 Legislature CS for SB 82, 2nd Engrossed
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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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2002 Legislature CS for SB 82, 2nd Engrossed
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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2002 Legislature CS for SB 82, 2nd Engrossed
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,
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7 Be It Enacted by the Legislature of the State of Florida:
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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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2002 Legislature CS for SB 82, 2nd Engrossed
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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