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A bill to be entitled

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An act relating to the City of Lake Worth; providing for

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the relief of Lisa Freeman-Salazar and Andy Salazar,

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individually and as co-personal representatives of the

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estate of Alexandria Salazar, deceased, for the death of

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Alexandria Salazar due to the negligence of the City of

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Lake Worth; providing for an appropriation; providing for

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attorney's fees and costs; providing a limitation on the

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payment of fees and costs; providing an effective date.

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     WHEREAS, on October 26, 2004, Lisa Freeman-Salazar picked up

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her 5-year-old daughter, Alexandria, from an after-school program

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at South Grade Elementary School in Lake Worth, Palm Beach

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County, Florida, and proceeded to travel to their home, and

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     WHEREAS, Mrs. Salazar normally traveled home from

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

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day a portion of Sixth Avenue South was closed due to

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construction; thus, Mrs. Salazar took an unfamiliar, alternative

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route home and traveled west on Seventh Avenue and approached the

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intersection of South H Street which did not have any traffic

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devices, stop signs, or painted stop bars on the road to indicate

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which vehicle had the right-of-way, and

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     WHEREAS, because there was nothing to require Mrs. Salazar

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to stop, she drove her vehicle through the intersection, and

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Reyna Moreno, who was driving north on South H Street,

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simultaneously entered the same intersection, and

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     WHEREAS, both vehicles collided with such force that each

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vehicle was redirected by the impact of the collision, and

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

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remove her unconscious daughter from the vehicle before the Lake

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Worth Fire Rescue Department was summoned, and

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     WHEREAS, the Lake Worth Police Department responded to the

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collision and Alexandria was transported to Delray Community

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Hospital, where she was pronounced dead shortly thereafter, and

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     WHEREAS, the southwest corner of the intersection of Seventh

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Avenue South and South H Street normally has a stop sign of

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standard size, color, and height posted atop a metal pole;

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however, at the time of the collision that claimed Alexandria's

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life, the stop sign was missing, and

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

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was missing from that intersection because two other cars

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collided at that same intersection the day before Alexandria's

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death, and the Lake Worth Police Department informed the city's

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Public Works Department that the missing stop sign needed to be

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replaced, and

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     WHEREAS, as a result of a lawsuit filed following the

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

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

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after the date of the settlement agreement and $342,208 is sought

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through the submission of a claim bill to the Legislature in the

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amount of $342,208, which the City of Lake Worth has agreed to

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support and approve, NOW, THEREFORE,

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

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

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found and declared to be true.

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     Section 2. The City of Lake Worth is authorized and

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directed to appropriate from funds not otherwise appropriated and

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

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settlement agreement, to be paid to Lisa Freeman-Salazar and Andy

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Salazar, individually and as co-personal representatives of the

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estate of Alexandria Salazar, deceased, which is inclusive of

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costs and attorney's fees as limited in accordance with s.

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768.28, Florida Statutes, as compensation for the death of

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Alexandria Salazar due to the negligence of the City of Lake

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Worth.

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     Section 3. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in the

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death of Alexandria Salazar. The total amount paid for attorney's

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fees, lobbying fees, costs, and other similar expenses relating

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to this claim may not exceed 25 percent of the amount awarded

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under this act.

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     Section 4.  This act shall take effect upon becoming a law.