Senate Bill sb0068

    Florida Senate - 2007        (NP)                        SB 68

    By Senator Baker





    20-114-07

  1                      A bill to be entitled

  2         An act relating to the City of Lake Worth;

  3         providing for the relief of Lisa

  4         Freeman-Salazar and Andy Salazar, individually

  5         and as co-personal representatives of the

  6         estate of Alexandria Salazar, deceased, for the

  7         death of Alexandria Salazar due to the

  8         negligence of the City of Lake Worth; providing

  9         for an appropriation; providing for the use of

10         such funds; providing for attorney's fees and

11         costs; providing an effective date.

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13         WHEREAS, on October 26, 2004, Lisa Freeman-Salazar

14  picked up her 5-year-old daughter, Alexandria, from an

15  after-school program at South Grade Elementary School in Lake

16  Worth, Palm Beach County, Florida, and proceeded to travel to

17  their home, and

18         WHEREAS, Mrs. Salazar normally traveled home from

19  Alexandria's school on Sixth Avenue South, but on this

20  particular day a portion of Sixth Avenue South was closed due

21  to construction; thus, Mrs. Salazar took an unfamiliar,

22  alternative route home and traveled west on Seventh Avenue and

23  approached the intersection of South H Street which did not

24  have any traffic devices, stop signs, or painted stop bars on

25  the road to indicate which vehicle had the right-of-way, and

26         WHEREAS, because there was nothing to require Mrs.

27  Salazar to stop, she drove her vehicle through the

28  intersection, and Reyna Moreno, who was driving north on South

29  H Street, simultaneously entered the same intersection, and

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    Florida Senate - 2007        (NP)                        SB 68
    20-114-07




 1         WHEREAS, both vehicles collided with such force that

 2  each vehicle was redirected by the impact of the collision,

 3  and

 4         WHEREAS, Mrs. Salazar was able to get out of her

 5  vehicle and remove her unconscious daughter from the vehicle

 6  before the Lake Worth Fire Rescue Department was summoned, and

 7         WHEREAS, the Lake Worth Police Department responded to

 8  the collision and Alexandria was transported to Delray

 9  Community Hospital, where she was pronounced dead shortly

10  thereafter, and

11         WHEREAS, the southwest corner of the intersection of

12  Seventh Avenue South and South H Street normally has a stop

13  sign of standard size, color, and height posted atop a metal

14  pole; however, at the time of the collision that claimed

15  Alexandria's life, the stop sign was missing, and

16         WHEREAS, the City of Lake Worth was aware that the stop

17  sign was missing from that intersection because two other cars

18  collided at that same intersection the day before Alexandria's

19  death, and the Lake Worth Police Department informed the

20  city's Public Works Department that the missing stop sign

21  needed to be replaced, and

22         WHEREAS, as a result of a lawsuit filed following the

23  incident, the City of Lake Worth agreed to a settlement in the

24  amount of $500,000, of which $157,792 was paid within 20 days

25  after the date of the settlement agreement and $342,208 shall

26  be submitted pursuant to a claim bill to be presented to the

27  Legislature in the amount of $342,208, which the City of Lake

28  Worth has agreed to support and approve, NOW, THEREFORE,

29  

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

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    Florida Senate - 2007        (NP)                        SB 68
    20-114-07




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

 2  act are found and declared to be true.

 3         Section 2.  The City of Lake Worth is authorized and

 4  directed to appropriate from funds not otherwise appropriated

 5  and draw a warrant in the amount of $342,208 pursuant to the

 6  settlement agreement to be paid to Lisa Freeman-Salazar and

 7  Andy Salazar, individually and as co-personal representatives

 8  of the estate of Alexandria Salazar, deceased, which is

 9  inclusive of costs and attorney's fees as limited in

10  accordance with s. 768.28, Florida Statutes.

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

12  law.

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