Florida 2022 2022 Regular Session

Florida House Bill H6511 Comm Sub / Bill

Filed 01/20/2022

                        
   
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