House Bill hb0085

    Florida House of Representatives - 2002                  HB 85

        By Representative Betancourt






  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Jessica Ann Calderon,

  4         personal representative of the Estate of

  5         Roberto Luis Calderon, Sean Ryan Calderon,

  6         minor child of Roberto Luis Calderon and

  7         Jessica Ann Calderon, and Lily Ann Calderon,

  8         minor child of Roberto Luis Calderon and

  9         Jessica Ann Calderon; providing for an

10         appropriation to compensate them for the

11         wrongful death of Roberto Luis Calderon as a

12         result of the negligence of a Miami-Dade County

13         employee; providing an effective date.

14

15         WHEREAS, on December 7, 1999, 27-year-old police

16  officer Roberto Luis Calderon was driving a marked police

17  vehicle south bound on the busway adjacent to and parallel

18  with south-bound U.S. 1, and

19         WHEREAS, while Officer Calderon was driving his vehicle

20  through the intersection of S.W. Hibiscus Street in a lawful

21  manner, a Miami-Dade Transit Authority Bus ran the red light

22  at the intersection and collided with Officer Calderon's

23  vehicle on the driver's side, and

24         WHEREAS, Officer Calderon was killed in the accident,

25  and

26         WHEREAS, after a thorough investigation by both the

27  Miami-Dade County Police Homicide Investigation Unit and the

28  Miami-Dade Transit Authority, both agencies concluded that the

29  driver of the bus was negligent and caused the accident, and

30

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                  HB 85

    573-151A-02






  1         WHEREAS, neither agency found that Officer Calderon was

  2  negligent in any way, and there is no other evidence of

  3  contributory fault on the part of Officer Calderon, and

  4         WHEREAS, Roberto Luis Calderon was survived by his

  5  29-year-old wife, Jessica Ann Calderon, and their children,

  6  4-year-old Sean Ryan Calderon and 2-year-old Lily Ann

  7  Calderon, and

  8         WHEREAS, the accident of December 7, 1999, formed the

  9  basis of legal action against Miami-Dade County for the

10  wrongful death of Roberto Luis Calderon, and claims were

11  asserted on behalf of Jessica Ann Calderon, Sean Ryan Calderon

12  and Lily Ann Calderon, and

13         WHEREAS, Miami-Dade County has paid $200,000 pursuant

14  to section 768.28, Florida Statutes, NOW, THEREFORE,

15

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

17

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

19  act are found and declared to be true.

20         Section 2.  Miami-Dade County is authorized and

21  directed to appropriate from funds of the county not otherwise

22  appropriated and to draw a warrant in the sum of $2,100,000

23  payable to Jessica Ann Calderon, as Personal Representative of

24  the Estate of Roberto Luis Calderon, which funds shall not be

25  spent until allocated between Jessica Ann Calderon and her

26  minor children, Sean Ryan Calderon and Lily Ann Calderon,

27  pursuant to an order of the probate court In Re: Estate of

28  Roberto Luis Calderon, 11th Circuit for Miami-Dade County,

29  Case 00-1510CP(02).

30         Section 3.  This act shall take effect upon becoming a

31  law.

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CODING: Words stricken are deletions; words underlined are additions.