CS/HB 6511 2022 CODING: Words stricken are deletions; words underlined are additions. hb6511-01-c1 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 911 call for law enforcement assistance, an d 20 WHEREAS, the speed limit on that portion of State Road 70 21 is 35 miles per hour, and 22 WHEREAS, Deputy Gracie recklessly sped without activating 23 his emergency lights or sirens to warn other motorists in the 24 area of his presence or that he was driving at s uch a high rate 25 CS/HB 6511 2022 CODING: Words stricken are deletions; words underlined are additions. hb6511-01-c1 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 of speed, and 26 WHEREAS, Deputy Gracie's police cruiser struck the vehicle 27 in which Hilda Medrano was a passenger on the passenger side 28 door at a speed of 87 miles per hour, killing Hilda Medrano and 29 her cousin and severely injuring a second passenger in that 30 vehicle, and 31 WHEREAS, the Florida Highway Patrol's investigation found 32 that Deputy Gracie violated ss. 316.216(3) and 316.126(5), 33 Florida Statutes, and 34 WHEREAS, an Okeechobee County Sheriff's Office internal 35 affairs department investig ation found that Deputy Gracie's 36 actions were unbecoming of an officer and in violation of four 37 standing operating procedures of the Okeechobee County Sheriff's 38 Office, and 39 WHEREAS, at the time of her death, Hilda Medrano was a 21 -40 year-old college student with dreams of becoming an X -ray 41 technician, and 42 WHEREAS, Hilda Medrano's parents, Ricardo Medrano -Arzate 43 and Eva Chavez-Medrano, are legal immigrants to the United 44 States who came to this country to work and provide their 45 children with opportunities to achieve the American dream and 46 have resided in the Mexican -American community in Okeechobee for 47 more than 30 years, and 48 WHEREAS, Ricardo Medrano -Arzate's and Eva Chavez -Medrano's 49 dreams for their daughter Hilda Medrano were destroyed by the 50 CS/HB 6511 2022 CODING: Words stricken are deletions; words underlined are additions. hb6511-01-c1 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 reckless actions of Deputy Gracie, and 51 WHEREAS, after a 4-day trial, a jury awarded Ricardo 52 Medrano-Arzate and Eva Chavez -Medrano, as personal 53 representatives of their daughter Hilda Medrano, $5 million in 54 damages, and 55 WHEREAS, based on the jury's apportionment of fau lt, 56 finding that Deputy Gracie was 88.5 percent liable for the 57 collision, the trial court reduced the jury's award to 58 $4,425,000, and that decision was affirmed by the Fourth 59 District Court of Appeal, and 60 WHEREAS, in accordance with the statutory limits o f 61 liability set forth in s. 768.28, Florida Statutes, the 62 Okeechobee County Sheriff's Office settled the claims of the 63 other two victims but has not paid any money toward the damages 64 awarded to Ricardo Medrano -Arzate and Eva Chavez -Medrano, as 65 personal representatives of Hilda Medrano, NOW, THEREFORE, 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. The facts stated in the preamble to this act 70 are found and declared to be true. 71 Section 2. The Okeechobee County Sheriff's Office is 72 authorized and directed to appropriate from funds not otherwise 73 encumbered and to draw a warrant in the sum of $4,425,000 74 payable to Ricardo Medrano -Arzate and Eva Chavez -Medrano for 75 CS/HB 6511 2022 CODING: Words stricken are deletions; words underlined are additions. hb6511-01-c1 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 damages awarded in connection w ith the death of their daughter, 76 Hilda Medrano. 77 Section 3. The amount paid by the Okeechobee County 78 Sheriff's Office and awarded under this act is intended to 79 provide the sole compensation for all present and future claims 80 arising out of the factual si tuation described in this act which 81 resulted in the award of damages to Ricardo Medrano -Arzate and 82 Eva Chavez-Medrano, as personal representatives of Hilda 83 Medrano. The total amount paid for attorney fees relating to 84 this claim may not exceed $885,000, the total amount paid for 85 lobbying fees may not exceed $221,250, and the total amount paid 86 for costs or other similar expenses may not exceed $4,030.89. 87 Section 4. This act shall take effect upon becoming a law. 88