Florida 2022 2022 Regular Session

Florida House Bill H6511 Introduced / Bill

Filed 10/12/2021

                        
   
HB 6511  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6511-00 
Page 1 of 4 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
A bill to be entitled 1 
An act for the relief of Ricardo Medrano -Arzate and 2 
Eva Chavez-Medrano, as personal representatives of 3 
Hilda Medrano, by the Okeechobee County Sheriff's 4 
Office; providing for an appropriation of funds to pay 5 
Ricardo Medrano-Arzate and Eva Chavez -Medrano for the 6 
damages awarded in connection with the death of their 7 
daughter as a result of the negligence of the 8 
Okeechobee County Sheriff's Office; providing a 9 
limitation on the payment of compensation and attorney 10 
fees; providing an effective date. 11 
 12 
 WHEREAS, shortly after 2 a.m. on December 1, 2013, Hilda 13 
Medrano was riding in the passenger side of her cousin's 14 
vehicle, traveling eastbound on State Road 70 in down town 15 
Okeechobee, and 16 
 WHEREAS, at the same time, Okeechobee County Sheriff's 17 
Deputy Joseph Gracie was driving westbound on State Road 70 at a 18 
speed in excess of 95 miles per hour while responding, as 19 
backup, to a minor disturbance in the western part of 20 
Okeechobee, and 21 
 WHEREAS, the speed limit on that portion of State Road 70 22 
is 35 miles per hour, and 23 
 WHEREAS, Deputy Gracie recklessly sped without activating 24 
his emergency lights or sirens to warn other motorists in the 25      
   
HB 6511  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6511-00 
Page 2 of 4 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
area of his presence or that he was driving at such a high rate 26 
of speed, and 27 
 WHEREAS, Deputy Gracie's police cruiser struck the vehicle 28 
in which Hilda Medrano was a passenger on the passenger side 29 
door at a speed of 87 miles per hour, killing Hilda Medrano and 30 
her cousin and severely injur ing a second passenger in that 31 
vehicle, and 32 
 WHEREAS, an Okeechobee County Sheriff's Office internal 33 
affairs department investigation found that Deputy Gracie's 34 
actions were unbecoming of an officer and in violation of four 35 
standing operating procedures of the Okeechobee County Sheriff's 36 
Office, and 37 
 WHEREAS, at the time of her death, Hilda Medrano was a 21 -38 
year-old college student with dreams of becoming an X -ray 39 
technician, and 40 
 WHEREAS, Hilda Medrano's parents, Ricardo Medrano -Arzate 41 
and Eva Chavez-Medrano, are legal immigrants to the United 42 
States who came to this country to work and provide their 43 
children with opportunities to achieve the American dream and 44 
have resided in the Mexican -American community in Okeechobee for 45 
more than 30 years, and 46 
 WHEREAS, Ricardo Medrano-Arzate's and Eva Chavez -Medrano's 47 
dreams for their daughter Hilda Medrano were destroyed by the 48 
reckless actions of Deputy Gracie, and 49 
 WHEREAS, after a 4-day trial, a jury awarded Ricardo 50      
   
HB 6511  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6511-00 
Page 3 of 4 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
Medrano-Arzate and Eva Chavez -Medrano, as personal 51 
representatives of their daughter Hilda Medrano, $5 million in 52 
damages after finding that Deputy Gracie was 88.5 percent liable 53 
for the collision, and that decision was affirmed by the Fourth 54 
District Court of Appeal, and 55 
 WHEREAS, in accordance with the statutory limits of 56 
liability set forth in s. 768.28, Florida Statutes, the 57 
Okeechobee County Sheriff's Office settled the claims of the 58 
other two victims but has not paid any money toward the damages 59 
awarded to Ricardo Medrano -Arzate and Eva Chavez -Medrano, as 60 
personal representatives of Hilda Medrano, NOW, THEREFORE, 61 
 62 
Be It Enacted by the Legislature of the State of Florida: 63 
 64 
 Section 1.  The facts stated in the preamble to this act 65 
are found and declared to be true. 66 
 Section 2.  The Okeechobee County Sheriff's Office is 67 
authorized and directed to appropriate from funds not otherwise 68 
encumbered and to draw a warrant in the sum of $5 million 69 
payable to Ricardo Medrano -Arzate and Eva Chavez -Medrano for 70 
damages awarded in connection with the death o f their daughter, 71 
Hilda Medrano. 72 
 Section 3.  The amount paid by the Okeechobee County 73 
Sheriff's Office and awarded under this act is intended to 74 
provide the sole compensation for all present and future claims 75      
   
HB 6511  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6511-00 
Page 4 of 4 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
arising out of the factual situation describ ed in this act which 76 
resulted in the award of damages to Ricardo Medrano -Arzate and 77 
Eva Chavez-Medrano, as personal representatives of Hilda 78 
Medrano. The total amount paid for attorney fees relating to 79 
this claim may not exceed 25 percent of the amount awa rded under 80 
this act. 81 
 Section 4.  This act shall take effect upon becoming a law. 82