Florida Senate - 2011                            (NP)    SB 2222
       
       
       
       By Senator Braynon
       
       
       
       
       33-04535-11                                           20112222__
    1                        A bill to be entitled                      
    2         An act for the relief of Ronnie Lopez and Robert
    3         Guzman, individually and as Co-Personal
    4         Representatives of the Estate of Ana-Yency Velasquez,
    5         deceased, and for Ronnie Lopez, Jr., Ashley Lorena
    6         Lopez-Velasquez, and Steven Robert Guzman, minor
    7         children of Ana-Yency Velasquez, by Miami-Dade County;
    8         providing for an appropriation to compensate the
    9         estate and the minor children for the death of Ana
   10         Yency Velasquez as a result of the negligence of an
   11         employee of Miami-Dade County; providing a limitation
   12         on attorney’s fees, lobbying fees, and costs;
   13         providing an effective date.
   14  
   15         WHEREAS, Ronnie Lopez, Co-Personal Representative of the
   16  Estate of Ana-Yency Velasquez, deceased, is the father of Ronnie
   17  Lopez, Jr., age 4, and Ashley Lorena Lopez-Velasquez, age 3, and
   18  Ana-Yency Velasquez, deceased, was the mother of Ronnie Lopez,
   19  Jr., and Ashley Lorena Lopez-Velasquez, and
   20         WHEREAS, Robert Guzman, Co-Personal Representative of the
   21  Estate of Ana-Yency Velasquez, deceased, is the father of minor
   22  child, Steven Robert Guzman, age 8, and Ana-Yency Velasquez,
   23  Deceased, was the mother of Steven Robert Guzman, and
   24         WHEREAS, on February 23, 2009, a Miami-Dade County Police
   25  Officer, when driving his marked police unit through an
   26  intersection, failed to obey a posted stop sign and also did not
   27  engage his lights or sirens, and
   28         WHEREAS, protocol for the Miami-Dade County Police
   29  Department requires that lights and sirens be engaged whenever
   30  any police vehicle is in pursuit of another vehicle, and
   31         WHEREAS, section 316.271, Florida Statutes, requires lights
   32  and sirens to be engaged whenever an authorized emergency
   33  vehicle is responding to an emergency or in the immediate
   34  pursuit of an actual or suspected violator of the law, and
   35         WHEREAS, the vehicle driven by the Miami-Dade County police
   36  unit was in pursuit of a phantom speeding vehicle at the time of
   37  the collision, and
   38         WHEREAS, the Miami-Dade County police cruiser crashed into
   39  and broadsided the vehicle operated by Ana-Yency Velasquez, then
   40  23 years of age and the mother of three minor children, at the
   41  intersection of N.W. 112th St. and N.W. 12th Ave., and
   42         WHEREAS, the Miami-Dade County police cruiser, operated by
   43  the officer struck the vehicle driven by Ana-Yency Velasquez
   44  with such force that her automobile crashed into the bedroom of
   45  a nearby residence, throwing debris from the automobile onto the
   46  roof of the residence, and
   47         WHEREAS, Ana-Yency Velasquez was killed as a result of the
   48  negligence of an employee of Miami-Dade County, Florida, and
   49         WHEREAS, mediation of the claims of this matter was held on
   50  November 17, 2010, and
   51         WHEREAS, at mediation, Miami-Dade County acknowledged that
   52  the damages far exceeded the statutory limit of $200,000
   53  established under s. 768.28, Florida Statutes, and the
   54  representatives of Miami-Dade County agreed and entered into a
   55  Mediation Settlement Agreement, and
   56         WHEREAS, in the Mediation Settlement Agreement, Miami-Dade
   57  County agreed to pay $150,000 to the plaintiffs under the
   58  statutory limits on damages and the remaining $50,000 was paid
   59  to the Co-Personal Representatives of the Estate of Ana-Yency
   60  Velasquez and to the owner of the house that incurred damage as
   61  a result of the crash, and
   62         WHEREAS, Miami-Dade County has paid $150,000 to the Co
   63  Personal Representatives of the Estate of Ana-Yency Velasquez
   64  under the statutory limits of liability set forth in s. 768.28,
   65  Florida Statutes, and
   66         WHEREAS, Miami-Dade County has agreed in the Mediation
   67  Settlement Agreement to actively support the passage of a claims
   68  bill in the amount of $1,010,000, NOW, THEREFORE,
   69  
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. The facts stated in the preamble to this act are
   73  found and declared to be true.
   74         Section 2. Miami-Dade County is authorized and directed to
   75  appropriate from funds of the county not otherwise appropriated
   76  and to draw a warrant in the sum of $1,010,000 payable to Ronnie
   77  Lopez and Robert Guzman, individually and as Co-Personal
   78  Representatives of the Estate of Ana-Yency Velasquez, deceased,
   79  for the benefit of Ronnie Lopez, Jr., Ashley Lorena Lopez
   80  Velasquez, and Steven Robert Guzman, minor children of Ana-Yency
   81  Velasquez, as compensation for the death of Ana-Yency Velasquez
   82  as a result of the negligence of an employee of Miami-Dade
   83  County.
   84         Section 3. This award is intended to provide the sole
   85  compensation for all present and future claims arising out of
   86  the factual situation described in the preamble to this act
   87  which resulted in the death of Ana-Yency Velasquez. The total
   88  amount paid for attorney’s fees, lobbying fees, costs, and
   89  similar expenses relating to this claim may not exceed 25
   90  percent of the total amount awarded under section 2.
   91         Section 4. This act shall take effect upon becoming a law.