HB 1619

1
A bill to be entitled
2An act for the relief of Lisa Freeman-Salazar and Andy
3Salazar, individually and as co-personal representatives
4of the estate of Alexandria Salazar, deceased minor child
5of Lisa Freeman-Salazar and Andy Salazar, by the City of
6Lake Worth; providing for an appropriation to compensate
7them for the death of Alexandria Salazar due to the
8negligence of the City of Lake Worth; providing for
9attorney's fees and costs; providing an effective date.
10
11     WHEREAS, on October 26, 2004, Lisa Freeman-Salazar picked
12up her 5-year-old daughter, Alexandria Salazar, from an after-
13school program at South Grade Elementary School in Lake Worth,
14Palm Beach County, Florida, and proceeded to travel to their
15home, and
16     WHEREAS, Mrs. Salazar normally traveled home from
17Alexandria's school on Sixth Avenue South, but on this
18particular day a portion of Sixth Avenue South was closed due to
19construction; thus, Mrs. Salazar took an unfamiliar, alternative
20route home and traveled west on Seventh Avenue and approached
21the intersection of South H Street which did not have any
22traffic devices, stop signs, or painted stop bars on the road to
23indicate which vehicle had the right-of-way, and
24     WHEREAS, because there was nothing to require Mrs. Salazar
25to stop, she drove her vehicle through the intersection, and
26Reyna Moreno, who was driving north on South H Street,
27simultaneously entered the same intersection, and
28     WHEREAS, both vehicles collided with such force that each
29vehicle was redirected by the impact of the collision, and
30     WHEREAS, Mrs. Salazar was able to get out of her vehicle
31and remove her unconscious daughter from the vehicle before the
32Lake Worth Fire Rescue Department was summoned, and
33     WHEREAS, the Lake Worth Police Department responded to the
34collision and Alexandria Salazar was transported to Delray
35Community Hospital, where she was pronounced dead shortly
36thereafter, and
37     WHEREAS, the southwest corner of the intersection of
38Seventh Avenue South and South H Street normally has a stop sign
39of standard size, color, and height posted atop a metal pole;
40however, at the time of the collision that claimed Alexandria
41Salazar's life, the stop sign was missing, and
42     WHEREAS, the City of Lake Worth was aware that the stop
43sign was missing from that intersection because two other cars
44collided at that same intersection the day before Alexandria
45Salazar's death, and the Lake Worth Police Department informed
46the city's public works department that the missing stop sign
47needed to be replaced, and
48     WHEREAS, as a result of a lawsuit filed following the
49incident, the City of Lake Worth agreed to a settlement in the
50amount of $500,000, of which $157,792 was paid within 20 days
51after the date of the settlement agreement and $342,208 is to be
52sought through the submission of a claim bill to the
53Legislature, which the City of Lake Worth has agreed to support
54and approve, NOW, THEREFORE,
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  The facts stated in the preamble to this act
59are found and declared to be true.
60     Section 2.  The City of Lake Worth is authorized and
61directed to appropriate from funds not otherwise appropriated
62and to draw a warrant payable to Lisa Freeman-Salazar and Andy
63Salazar, individually and as co-personal representatives of the
64estate of Alexandria Salazar, deceased minor child of Lisa
65Freeman-Salazar and Andy Salazar, for the total amount of
66$342,208, pursuant to the settlement agreement, which is
67inclusive of costs and attorney's fees as limited in accordance
68with s. 768.28, Florida Statutes, as compensation for the death
69of Alexandria Salazar due to the negligence of the City of Lake
70Worth.
71     Section 3.  This act shall take effect upon becoming a law.


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