HB 765

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

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