Florida Senate - 2012 (NP) CS for SB 16
By the Committee on Rules; and Senator Braynon
595-04181-12 201216c1
1 A bill to be entitled
2 An act for the relief of Ronnie Lopez and Roberto
3 Guzman as co-personal representatives of the Estate of
4 Ana-Yency Velasquez, deceased, and for Ronnie Lopez,
5 Jr., Ashley Lorena Lopez-Velasquez, and Steven Robert
6 Guzman, minor children of Ana-Yency Velasquez, by
7 Miami-Dade County; providing for an appropriation to
8 compensate the estate and the minor children for the
9 death of Ana-Yency Velasquez as a result of the
10 negligence of an employee of Miami-Dade County;
11 providing a limitation on the payment of fees and
12 costs; providing an effective date.
13
14 WHEREAS, Ronnie Lopez, co-personal representative of the
15 Estate of Ana-Yency Velasquez, deceased, is the father of Ronnie
16 Lopez, Jr., age 5, and Ashley Lorena Lopez-Velasquez, age 4, and
17 Ana-Yency Velasquez, deceased, was the mother of Ronnie Lopez,
18 Jr., and Ashley Lorena Lopez-Velasquez, and
19 WHEREAS, Roberto Guzman, co-personal representative of the
20 Estate of Ana-Yency Velasquez, deceased, is the father of minor
21 child, Steven Robert Guzman, age 9, and Ana-Yency Velasquez,
22 deceased, was the mother of Steven Robert Guzman, and
23 WHEREAS, on February 23, 2009, a Miami-Dade County Police
24 Officer, when driving his marked police unit through an
25 intersection, failed to obey a posted stop sign and also did not
26 engage his lights or sirens, and
27 WHEREAS, protocol for the Miami-Dade County Police
28 Department requires that lights and sirens be engaged whenever
29 any police vehicle is in pursuit of another vehicle, and
30 WHEREAS, s. 316.271, Florida Statutes, requires that sirens
31 be engaged whenever an authorized emergency vehicle is
32 responding to an emergency or in immediate pursuit of an actual
33 or suspected violator of the law, and
34 WHEREAS, the vehicle driven by the Miami-Dade County police
35 unit was in pursuit of a phantom speeding vehicle at the time of
36 the collision, and
37 WHEREAS, the Miami-Dade County police cruiser crashed into
38 and broadsided the vehicle operated by Ana-Yency Velasquez, then
39 23 years of age and the mother of three minor children, at the
40 intersection of N.W. 112th St. and N.W. 12th Ave., and
41 WHEREAS, the Miami-Dade County police cruiser operated by
42 the officer struck the vehicle driven by Ana-Yency Velasquez
43 with such force that her automobile crashed into the bedroom of
44 a nearby residence, throwing debris from the automobile onto the
45 roof of the residence, and
46 WHEREAS, Ana-Yency Velasquez was killed as a result of the
47 negligence of an employee of Miami-Dade County, Florida, and
48 WHEREAS, mediation of the claims of this matter was held on
49 November 17, 2010, and
50 WHEREAS, at mediation, Miami-Dade County acknowledged that
51 the damages far exceeded the statutory limit of $200,000
52 established under s. 768.28, Florida Statutes, and the
53 representatives of Miami-Dade County agreed and entered into a
54 Mediation Settlement Agreement, and
55 WHEREAS, Miami-Dade County has paid $150,000 to the co
56 personal representatives of the Estate of Ana-Yency Velasquez
57 under the statutory limits of liability set forth in s. 768.28,
58 Florida Statutes, and
59 WHEREAS, Miami-Dade County has agreed in the Mediation
60 Settlement Agreement to actively support the passage of a claim
61 bill in the amount of $1,010,000, NOW, THEREFORE,
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. The facts stated in the preamble to this act are
66 found and declared to be true.
67 Section 2. Miami-Dade County is authorized and directed to
68 appropriate from funds of the county not otherwise appropriated
69 and to draw a warrant in the sum of $1,010,000, payable to
70 Ronnie Lopez and Roberto Guzman as co-personal representatives
71 of the Estate of Ana-Yency Velasquez, deceased, for the benefit
72 of Ronnie Lopez, Jr., Ashley Lorena Lopez-Velasquez, and Steven
73 Robert Guzman, minor children of Ana-Yency Velasquez, as
74 compensation for the death of Ana-Yency Velasquez as a result of
75 the negligence of an employee of Miami-Dade County.
76 Section 3. The amount paid by Miami-Dade County pursuant to
77 s. 768.28, Florida Statutes, and the amount awarded under this
78 act are intended to provide the sole compensation for all
79 present and future claims arising out of the factual situation
80 described in the preamble to this act which resulted in the
81 death of Ana-Yency Velasquez. The total amount paid for
82 attorney’s fees, lobbying fees, costs, and similar expenses
83 relating to this claim may not exceed 25 percent of the total
84 amount awarded under section 2 of this act.
85 Section 4. This act shall take effect upon becoming a law.