Senate Bill sb0048

    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 48

    By Senator Diaz de la Portilla





    36-40-03

  1                      A bill to be entitled

  2         An act relating to the City of Hialeah;

  3         providing for the relief of Asbel Llerena and

  4         Wendy Guzman; authorizing and directing the

  5         City of Hialeah to compensate them for the

  6         death of Maria de Jesus Llerena, due to the

  7         negligence of a City of Hialeah employee;

  8         providing an effective date.

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10         WHEREAS, on July 11, 1999, Maria de Jesus Llerena was a

11  passenger in a car driven by Asbel Llerena, her husband,

12  heading west on West 29th Street in Hialeah, and

13         WHEREAS, at the same time, a City of Hialeah rookie

14  police officer, Alexis Casteneda, was driving south on West

15  8th Avenue in Hialeah in response to a call, and

16         WHEREAS, there was a collision at the intersection

17  where many witnesses indicated that Officer Castaneda had a

18  red light and failed to yield the right-of-way to Mr. Llerena

19  who was driving through the intersection with a green light,

20  and

21         WHEREAS, the incident has been litigated and the

22  parties have reached an amicable resolution in which the City

23  of Hialeah agreed to a settlement of $400,000, and

24         WHEREAS, the city has paid $200,000 to the claimants,

25  leaving an unpaid settlement amount of $200,000, NOW,

26  THEREFORE,

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

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

31  act are found and declared to be true.

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    Florida Senate - 2003        (NP)  (Corrected Copy)      SB 48
    36-40-03




 1         Section 2.  The City of Hialeah is authorized and

 2  directed to appropriate from funds of the city not otherwise

 3  appropriated and to draw a warrant in the amount of $200,000,

 4  payable to Asbel Llerena, husband of Maria de Jesus Llerena,

 5  and Wendy Guzman, daughter of Maria de Jesus Llerena, as

 6  compensation for the death of Maria de Jesus Llerena, due to

 7  the negligence of an employee of the City of Hialeah.

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

 9  law.

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