Senate Bill sb0082
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Florida Senate - 2007 (NP) SB 82
By Senator Bullard
39-119-07
1 A bill to be entitled
2 An act relating to the City of Hialeah;
3 providing for the relief of Jose Pena, as
4 Personal Representative of the Estate of Carmen
5 Pena, deceased, and individually, as surviving
6 father of Katherine Pena and Richard Pena,
7 deceased minor children of Carmen Pena and Jose
8 Pena; providing for the relief of Johammes
9 Pena, surviving son of Carmen Pena; providing
10 for an appropriation to compensate them for the
11 death of Carmen Pena, Katherine Pena, and
12 Richard Pena as a result of the negligence of
13 the City of Hialeah; providing an effective
14 date.
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16 WHEREAS, on October 21, 1990, Carmen Pena was driving
17 her family car on West 68th Street, near West 26th Drive in
18 the City of Hialeah, and
19 WHEREAS, riding as passengers in Carmen Pena's car on
20 October 21, 1990, were 6-year-old Katherine Pena, minor child
21 of Carmen Pena and Jose Pena, 12-year-old Richard Pena, minor
22 child of Carmen Pena and Jose Pena, 16-year-old Johammes Pena,
23 minor child of Carmen Pena and Jose Pena, and Jose Pena,
24 ex-husband of Carmen Pena and father of minor children
25 Katherine Pena, Richard Pena, and Johammes Pena, and
26 WHEREAS, on October 21, 1990, the vehicle being driven
27 by Carmen Pena left the roadway on which she was traveling and
28 hit a dangerously large drop-off as she was attempting to
29 return to the road, which caused Carmen Pena to lose control
30 of her vehicle and veer into a canal, and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 (NP) SB 82
39-119-07
1 WHEREAS, as a result of the accident, Carmen Pena,
2 Katherine Pena, and Richard Pena were killed, and
3 WHEREAS, on July 15, 1991, a complaint was filed on
4 behalf of the Estates of Carmen Pena, Katherine Pena, and
5 Richard Pena, and on behalf of the surviving father, Jose
6 Pena, and on behalf of the surviving son, Johammes Pena, and
7 WHEREAS, in the complaint, the City of Hialeah was
8 charged with failing to properly inspect and maintain the
9 roadway and shoulder of the roadway, allowing a large and
10 dangerous drop-off to occur on the shoulder, and
11 WHEREAS, on October 28, 1994, the jury returned a
12 verdict against the City of Hialeah finding the City of
13 Hialeah to be 75 percent negligent and Carmen Pena to be 25
14 percent negligent, and
15 WHEREAS, final judgments were entered for Johammes Pena
16 in the amount of $187,500 for the loss of his mother, Carmen
17 Pena; for Jose Pena in the amount of $78,395.84 for the loss
18 of his daughter, Katherine Pena; for Jose Pena in the amount
19 of $242,199.65 for the loss of his son, Richard Pena; and for
20 Jose Pena in the amount of $784,570.04 for the Estate of
21 Carmen Pena, and
22 WHEREAS, the total amount of the final judgments is
23 $1,292,665.53, and
24 WHEREAS, costs were awarded in the amount of $8,395.61,
25 and
26 WHEREAS, the total amount of the net final judgment is
27 $1,301,061.14, and
28 WHEREAS, the City of Hialeah has paid $200,000 in
29 accordance with the limits set forth in section 768.28,
30 Florida Statutes, leaving an unpaid judgment in the amount of
31 $1,101,061.14, NOW, THEREFORE,
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Florida Senate - 2007 (NP) SB 82
39-119-07
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. The facts stated in the preamble to this
4 act are found and declared to be true.
5 Section 2. The City of Hialeah is authorized and
6 directed to appropriate from funds of the city not otherwise
7 appropriated and to draw a warrant payable to Jose Pena, as
8 Personal Representative of the Estate of Carmen Pena, for the
9 total amount of $592,965.65, for injuries and damages
10 sustained due to the death of Carmen Pena.
11 Section 3. The City of Hialeah is authorized and
12 directed to appropriate from funds of the city not otherwise
13 appropriated and to draw a warrant payable to Jose Pena,
14 individually, for the total amount of $320,595.49 for injuries
15 and damages sustained due to the death of his daughter,
16 Katherine Pena, a minor, and his son, Richard Pena, a minor.
17 Section 4. The City of Hialeah is authorized and
18 directed to appropriate from funds of the city not otherwise
19 appropriated and to draw a warrant payable to Johammes Pena,
20 surviving son of Carmen Pena, for the total amount of $187,500
21 for injuries and damages sustained due to the death of his
22 mother, Carmen Pena, due to the negligence of the City of
23 Hialeah.
24 Section 5. This act shall take effect upon becoming a
25 law.
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