Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 44
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2016           .                                

       The Committee on Community Affairs (Diaz de la Portilla)
       recommended the following:
    1         Senate Amendment 
    3         In title, delete lines 20 - 60
    4  and insert:
    5  between 20 and 22 miles per hour over the posted speed limit of
    6  40 miles per hour eastbound on E 49th Street toward the
    7  intersection of E 9th Court in an unmarked patrol car, and
    8         WHEREAS, Officer Somarriba activated the emergency lights,
    9  but he did not activate the emergency siren, and
   10         WHEREAS, Officer Somarriba does not recall being in pursuit
   11  of any suspect or vehicle, and records do not indicate that he
   12  contacted dispatch communications, and,
   13         WHEREAS, by traveling at least 20 miles per hour over the
   14  posted speed limit and by failing to activate his emergency
   15  siren and to contact dispatch communications, Officer Somarriba
   16  violated General Order No. 22.04 of the City of Hialeah Police
   17  Department Emergency Vehicle Operation and Response Code
   18  Protocol and General Order No. 17.06 of the City of Hialeah
   19  Police Department Vehicle Pursuit Protocol, and
   20         WHEREAS, Officer Somarriba, while traveling significantly
   21  over the speed limit and without his emergency siren activated,
   22  crashed into the driver’s side of the Jeep Compass driven by
   23  Marco Barrios while the Jeep was crossing the eastbound lanes of
   24  E 49th Street, and
   25         WHEREAS, the severe impact of the collision forced the Jeep
   26  to flip repeatedly and collide with several vehicles parked at
   27  an adjacent car dealership before coming to rest on its side,
   28  and
   29         WHEREAS, the force of the crash was so great that Marco
   30  Barrios was gravely injured and Andrea Castillo was ejected from
   31  her seat and landed in the back hatch area of the vehicle with
   32  massive blunt trauma injuries to her head and torso, and
   33         WHEREAS, Andrea Castillo died as a result of her injuries
   34  within days of the crash, and
   35         WHEREAS, at the conclusion of the traffic homicide
   36  investigation into the death of Andrea Castillo and a companion
   37  investigation by the state attorney, the Hialeah Police
   38  Department and other investigating agencies concluded that Marco
   39  Barrios duly observed the stop sign at the intersection of E
   40  49th Street and E 9th Court and that Officer Somarriba’s speed
   41  was a contributing factor to the fatal crash, and
   42         WHEREAS, a toxicology test conducted in the course of the
   43  homicide investigation determined that Marco Barrios was not
   44  impaired by alcohol or any other substance at the time of the
   45  crash, and
   46         WHEREAS, there was no toxicology report for Officer
   47  Somarriba, and