Florida Senate - 2014 (NP) SB 60
By Senator Grimsley
21-00142-14 201460__
1 A bill to be entitled
2 An act for the relief of the Estate of Lazaro
3 Rodriguez by the City of Hialeah; providing for an
4 appropriation to compensate the Estate and Lazaro
5 Rodriguez’s legal survivors for injuries sustained as
6 a result of the negligence of the City of Hialeah;
7 providing a limitation on the payment of fees and
8 costs; providing that the appropriation settles all
9 present and future claims related to the wrongful
10 death of Lazaro Rodriguez; providing an effective
11 date.
12
13 WHEREAS, on July 30, 2000, at approximately 10:14 p.m., 29
14 year-old Lazaro Rodriguez was lawfully and properly operating
15 his 1997 Ford Explorer in the westbound lanes of East 32nd
16 Street in the City of Hialeah, and
17 WHEREAS, at the same time, Officer Jorge Rodriguez, a City
18 of Hialeah road patrolman, was on duty and overheard a radio
19 summons of another unit, and despite the fact that he was not
20 dispatched to the call, decided to respond, and
21 WHEREAS, in responding to the call, Officer Rodriguez was
22 traveling northbound on Palm Avenue in the City of Hialeah while
23 Lazaro Rodriguez was traveling westbound on East 32nd Street,
24 and
25 WHEREAS, Officer Rodriguez ran the red light at the
26 intersection of Palm Avenue and East 32nd Street, crashing his
27 police cruiser into the driver side of the vehicle driven by
28 Lazaro Rodriguez, and
29 WHEREAS, the severe impact of the collision forced Lazaro
30 Rodriguez’s vehicle into a concrete utility pole at the
31 northwest corner of the intersection and then into another
32 vehicle, and
33 WHEREAS, the force of the crash was so great that it caused
34 massive and fatal blunt trauma injuries to Lazaro Rodriguez, and
35 he was pronounced dead at the scene, and
36 WHEREAS, at the conclusion of the traffic homicide
37 investigation concerning the death of Lazaro Rodriguez, the City
38 of Hialeah Police Department found that Officer Rodriguez had
39 violated Florida traffic statutes by unlawfully running the red
40 light at the intersection of Palm Avenue and East 32nd Street
41 and operating his motor vehicle in a careless manner, and that
42 these violations were the legal cause of the traffic collision
43 and the death of Lazaro Rodriguez, and
44 WHEREAS, Lazaro Rodriguez left a widow, Beatriz Luquez, and
45 children, Lazaro, Jr., and Katherine, all of whom were dependent
46 upon him financially and emotionally and who loved him dearly,
47 and
48 WHEREAS, in 2001, Ms. Luquez, individually and as the
49 personal representative of the Estate of Lazaro Rodriguez, filed
50 a wrongful death lawsuit in the 11th Judicial Circuit Court in
51 and for Miami-Dade County, styled Beatriz Luquez, individually
52 and as Personal Representative of the Estate of Lazaro Rodriguez
53 v. City of Hialeah, Case No. 01-3691 CA 08, and
54 WHEREAS, the parties to the lawsuit entered into a formal
55 settlement agreement following mediation and a unanimous vote by
56 the Hialeah City Council, and
57 WHEREAS, the terms of the settlement agreement required the
58 claimants to dismiss their case with prejudice and provide a
59 full release of liability to the city and its employees, which
60 the claimants have done, in exchange for payments by the City of
61 Hialeah totaling $685,000, plus $25,000 for costs, to be paid
62 over five years, provided that the Legislature approve the
63 unpaid amounts, and
64 WHEREAS, pursuant to the settlement agreement, the City of
65 Hialeah has paid $200,000 to the claimants, leaving an unpaid
66 balance of $485,000, and
67 WHEREAS, as part of the terms of the Settlement Agreement
68 and General Release, the City of Hialeah has agreed to support
69 the passage of a claim bill and to pay the remaining balance of
70 $485,000 in five installments, with the last payment to be made
71 on July 1, 2016, NOW, THEREFORE,
72
73 Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. The facts stated in the preamble to this act are
76 found and declared to be true.
77 Section 2. The City of Hialeah is authorized and directed
78 to appropriate from funds of the city not otherwise appropriated
79 and to draw a warrant in the amount of $485,000, payable to
80 Beatriz Luquez, individually and as personal representative of
81 the Estate of Lazaro Rodriguez, and to Lazaro Rodriguez, Jr.,
82 and Katherine Rodriguez, as compensation for injuries and
83 damages sustained by the claimants as a result of the death of
84 Lazaro Rodriguez. The amount of $185,000 shall be paid within 10
85 days of the effective date of this act, $100,000 shall be paid
86 on July 1, 2014, $100,000 shall be paid on July 1, 2015, and
87 $100,000 shall be paid on July 1, 2016.
88 Section 3. The total amount paid for attorney fees,
89 lobbying fees, costs, and other similar expenses relating to
90 this claim may not exceed 25 percent of the total amount awarded
91 under this act.
92 Section 4. The amounts awarded pursuant to the waiver of
93 sovereign immunity under s. 768.28, Florida Statutes, and under
94 this act are intended to provide the sole compensation for all
95 present and future claims arising out of the factual situation
96 described in the preamble to this act which resulted in the
97 death of Lazaro Rodriguez.
98 Section 5. This act shall take effect upon becoming a law.