House Bill hb0469

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    Florida House of Representatives - 2002                 HB 469

        By Representative Bense






  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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    Florida House of Representatives - 2002                 HB 469

    725-136A-02






  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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    Florida House of Representatives - 2002                 HB 469

    725-136A-02






  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.  There is appropriated from the General

12  Revenue Fund to the Department of Transportation the sum of

13  $483,333.33 for the relief of Maria Verela, as personal

14  representative of the Estate of Veronica Barcos, deceased, and

15  Carlos Barcos as guardian of Janessa Barcos and Natalee

16  Barcos, minor children of Veronica Barcos, for injuries and

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

18  authorized expenses, the proceeds recovered through the

19  passage of this act shall be apportioned equally between

20  Janessa Barcos, surviving minor child of Veronica Barcos, and

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

22  shall be placed in the guardianship account established for

23  Janessa Barcos, surviving minor child of Veronica Barcos, and

24  Natalee Barcos, surviving minor child of Veronica Barcos,

25  respectively.

26         Section 3.  The Comptroller is directed to draw a

27  warrant in favor of Maria Verela, as personal representative

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

29  Janessa Barcos and Natalee Barcos, minor children of Veronica

30  Barcos, in the sum of $483,333.33, upon funds of the

31  Department of Transportation in the State Treasury, and the

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    Florida House of Representatives - 2002                 HB 469

    725-136A-02






  1  State Treasurer is directed to pay the same out of such funds

  2  in the State Treasury.

  3         Section 4.  There is appropriated from the General

  4  Revenue Fund to the Department of Transportation the sum of

  5  $316,666.67 for the relief of Ligia Iglesias and Alba Luz

  6  Avendano, as co-personal representatives of the Estate of

  7  Zuleima Torres, deceased, and as co-guardians of Ashley Barcos

  8  and Gianni Barcos, minor children of Zuleima Torres, for

  9  injuries and damages sustained. After payment of fees, costs,

10  and authorized expenses, the proceeds recovered through the

11  passage of this act shall be apportioned equally between

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

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

14  shall be placed in the guardianship account established for

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

16  Gianni Barcos, surviving minor child of Zuleima Torres,

17  respectively.

18         Section 5.  The Comptroller is directed to draw a

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

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

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

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

23  upon funds of the Department of Transportation in the State

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

25  out of such funds in the State Treasury.

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

27  law.

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    Florida House of Representatives - 2002                 HB 469

    725-136A-02






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  2                          HOUSE SUMMARY

  3
      Provides for the relief of Maria Verela, as personal
  4    representative of the Estate of Veronica Barcos,
      deceased, and Carlos Barcos as guardian of Janessa Barcos
  5    and Natalee Barcos, minor children of Veronica Barcos.
      Provides for the relief of Ligia Iglesias and Alba Luz
  6    Avendano, as co-personal representatives of the Estate of
      Zuleima Torres, deceased, and as co-guardians of Ashley
  7    Barcos and Gianni Barcos, minor children of Zuleima
      Torres. Provides an appropriation to compensate them for
  8    injuries sustained as a result of the negligence of the
      Department of Transportation.
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