THE FLORIDA SENATE
SPECIAL MASTER ON CLAIM BILLS
Location
409 The Capitol
Mailing Address
404 South Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5229
DATE COMM ACTION
3/30/23 SM Favorable
4/3/23 JU Fav/CS
4/18/23 RC Pre-meeting
March 30, 2023
The Honorable Kathleen Passidomo
President, The Florida Senate
Suite 409, The Capitol
Tallahassee, Florida 32399-1100
Re: CS/SB 12 – Committee on Judiciary and Senator Polsky
HB 6021 – Representative Tuck
Relief of Ricardo Medrano-Arzate and Eva Chavez-Medrano by the
Okeechobee County Sheriff’s Office
SPECIAL MASTER’S FINAL REPORT
THIS IS A SETTLED CLAIM FOR LOCAL FUN DS IN THE
AMOUNT OF $ 1,200,000, PAYABLE BY THE
OKEECHOBEE COUNTY SH ERIFF’S OFFICE TO
RICARDO MEDRANO -ARZATE AND EVA CHAVEZ -
MEDRANO AS COMPENSATION FOR DAM AGES
AWARDED IN CONNECTIO N WITH THE DEATH OF THEIR
DAUGHTER HILDA MEDRA NO.
FINDINGS OF FACT: Overview of Accident
On December 1, 2013, Elizabeth Arellano Renteria was
driving a 2000 Ford Focus, with two passengers: Hilda
Medrano in the front seat and Isamar Jaimes in the back seat.
At 2:16 am, Renteria was traveling eastbound on State Road
70 and was attempting to make a left-hand turn into a
McDonald’s restaurant when Okeechobee County Sheriff’s
Office Deputy Sheriff Joseph A. Gracie struck the Focus with
his police car.
SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 2
Gracie was responding as backup to another call
1
and driving
at speeds over 90 miles per hour (mph) on State Road 70,
which had a 35 mph speed limit. At the time, Gracie was
operating his police vehicle without any emergency lights or
sirens. Gracie struck the Focus at 87 mph, which caused the
Focus to travel 211 feet down the street. The impact killed
Hilda Medrano and the driver, Renteria. Ms. Medrano was
pronounced deceased at the scene of the accident at 3:09
am.
2
The backseat passenger, Isamar Jaimes was also
severely injured.
Liability of Okeechobee County Sheriff’s Office
Deputy Gracie was a deputy for the Okeechobee County
Sheriff’s Office at the time of the accident and was operating
his police cruiser within the course and scope of his
employment. The police cruiser was owned by the Sheriff’s
Office and was operated with the authority, permission, and
consent of the Sheriff’s Office. The Sheriff’s Office is
responsible for any negligence of Deputy Gracie.
3
LITIGATION HISTORY: On April 30, 2014, the claimant filed a Complaint for
Negligence and Demand for Jury Trial in the Nineteenth
Judicial Circuit, in and for Okeechobee County.
4
Prior to commencing trial, the parties participated in non-
binding arbitration by a retired circuit court judge Robert
Makemson. On May 16, 2018, the arbitrator filed his decision
finding the sole and proximate cause of the motor vehicle
accident and fatalities was the excessive speed of Deputy
Gracie and his failure to use emergency equipment. The
arbitrator awarded the claimants $4,700,000.
5
On August 20, 2018, a three-day jury trial of the claimant's
negligence claim began. On August 22, 2018, the jury
1
The call was a reported domestic disturbance nearby. Prior to Deputy Gracie’s response, Lieutenant K.J.
Ammons had already advised dispatch that he was close to the address and would be providing backup to the
Deputy Sheriff responding to the call. Okeechobee County Sheriff’s Office, Office of Special Investigations,
Internal Investigation Case # 2013-12-01, Claimant’s Exhibit 20.
2
In the Medical Examiner’s Report, Dr. Linda O’Neil concluded that Ms. Medrano’s cause of death was multiple
blunt trauma injuries.
3
The facts regarding the liability of the Okeechobee County Sheriff’s Office were stipulated to by the parties at
trial. Transcript of Proceedings, Volume II, Respondent’s Exhibit D.
4
The claimants sued the Sheriff in his official capacity based on the actions of Deputy Gracie in the course and
scope of his employment as an Okeechobee County Sheriff’s Deputy; Roberta Arellano, as personal
representative of the Estate of Elizabeth Arellano Renteria; and Roberta Arellano, individually.
5
Notice of Filing Arbitrator’s Decision under Seal, Claimant’s Exhibit 9. SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 3
rendered a verdict in favor of the claimant and awarded $5
million in damages to the estate of Ms. Medrano for the mental
pain and suffering sustained by the claimants.
6
The jury found
the negligence of Sheriff Stephen, as Sheriff for Okeechobee
County, and Ms. Renteria were legal causes of Ms. Medrano’s
death. The jury found that Sheriff Stephen was 88.5 percent
negligent and Ms. Renteria was 11.5 percent negligent.
7
On October 31, 2018, Circuit Judge Laurie E. Buchanan
issued a final judgment for the claimant against Sheriff
Stephen totaling $4,425,000, the proportion of the total verdict
attributed to the negligence of the Sheriff’s Office. The final
judgment stated that this amount shall be reported to the
Legislature and may only be paid by further act of the
Legislature pursuant to the claim bill process.
Further appeals and motions for a new trial by the Defendant
were denied.
8
Separately, claimants brought a federal section 1983 civil
rights claim against the Sheriff’s Office, alleging that two
conflicting Sheriff’s Office policies caused Ms. Medrano’s
death. This claim was rejected by the trial court, federal
appellate court, and United States Supreme Court.
9
On February 25, 2021, a special master, held a hearing on a
previous version of this bill, SB 226 (2021). The Legislature is
not bound by settlements or jury verdicts when considering a
claim bill, passage of which is an act of legislative grace.
CONCLUSIONS OF LAW: Section 768.28, Florida Statutes, waives sovereign immunity
for tort liability up to $200,000 per person and $300,000 for all
claims or judgments arising out of the same incident. Sums
exceeding this amount are payable by the State and its
agencies or subdivisions by further act of the Legislature.
6
The jury determined that Ms. Medrano’s parents were each entitled $2.5 million in damages for their pain and
suffering.
7
Jury Verdict, Claimant’s Exhibit 13.
8
Order Denying Defendant’s Motion for New Trial, Claimant’s Exhibit 17, and Fourth District Court of Appeal
Order, Claimant’s Exhibit 18.
9
Claimant’s Brief Summary of Case. See Complaint and Amended Complaint [S.D. of Florida], 11
th
Circuit
Opinion, and Supreme Court of the United States Denial of Petition for Writ of Certiorari, Claimant’s Exhibits 5-8. SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 4
Negligence
There are four elements to a negligence claim: (1) duty–where
the defendant has a legal obligation to protect others against
unreasonable risks; (2) breach–which occurs when the
defendant has failed to conform to the required standard of
conduct; (3) causation–where the defendant’s conduct is
foreseeably and substantially the cause of the resulting
damages; and (4) damages–actual harm.
10
Duty
Section 316.1925(1), Florida Statutes, provides that “any
person operating a vehicle upon the streets or highways
within the state shall drive the same in a careful and prudent
manner, having regard for the width, grade, curves, corners,
traffic, and all other attendant circumstances, so as not to
endanger the life, limb, or property of any person. Failure to
drive in such manner shall constitute careless driving and a
violation of this section.”
Pursuant to section 316.126(3), of the Florida Statutes, an
emergency vehicle traveling to an existing emergency “shall
warn all other vehicular traffic along the emergency route by
an audible signal, siren, exhaust whistle, or other adequate
device or by a visible signal by the use of displayed blue or
red lights. While en route to such emergency, the emergency
vehicle shall otherwise proceed in a manner consistent with
the laws regulating vehicular traffic upon the highways of this
state.” Section 316.126(5), of the Florida Statutes, further
states that “this section does not relieve the driver of an
authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons using the highway.”
Deputy Gracie, as an officer of the Okeechobee County
Sheriff’s Office, had a clear duty to use his sirens or lights
while responding to an emergency. Regardless of whether he
was responding to an emergency, Deputy Gracie had a clear
duty to operate his vehicle in a careful and prudent manner
with due regard for the safety of other drivers using the
roadway.
Breach
Under Florida law, law enforcement officers are required to
obey traffic laws, including speed limits, and must use lights
10
Williams v. Davis, 974 So.2d 1052, at 1056–1057 (Fla. 2007). SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 5
and sirens to alert other motorists of their presence. Deputy
Sheriff Gracie violated these laws and operated his vehicle at
speeds 55-60 mph over the speed limit without using his
vehicle’s lights or sirens. Evidence presented shows Deputy
Gracie had sufficient time to activate the emergency
equipment on his patrol car.
Gracie received a traffic citation from the Florida Highway
Patrol for violation of section 316.1925(1), of the Florida
Statutes, for careless driving, and violation of section
316.126(3), of the Florida Statutes, for failing to use a warning
device.
11
Gracie pled guilty to these violations and received
six-month suspension of his license and was fined $1000 and
$250.
12
Causation
The Florida Highway Patrol Traffic Homicide Report
concluded that the cause of the accident, deaths of Ms.
Renteria and Ms. Medrano, injuries to Ms. James, and
property damage were solely due to Deputy Gracie’s speed.
13
The report also noted Deputy Gracie was a sworn police
officer who was on duty and driving a marked police car to an
active emergency call without the vehicle’s emergency
equipment engaged.
In the Medical Examiner’s Report, Dr. Linda Rush O’Neil
concluded Ms. Medrano’s cause of death was multiple blunt
trauma injuries. Dr. O’Neil also testified that Ms. Medrano’s
lacerated aorta, caused by the impact of the crash, would
have also separately caused her death.
14
It was argued in the underlying case that Ms. Medrano was
comparatively negligent in not wearing a seatbelt.
15
However,
case law is clear that whether a victim wore a seat belt only
affects a finding of negligence if the seat belt would have
made a difference in the accident.
16
The medical examiner
11
Florida Highway Patrol, Traffic Homicide Report, Respondent’s Exhibit E.
12
Excerpt of Deputy Joseph A. Gracie Deposition, Respondent’s Exhibit I.
13
Florida Highway Patrol, Traffic Homicide Report, Respondent’s Exhibit E.
14
Deposition of Dr. Linda Rush O’Neil, Claimant’s Exhibit 48.
15
Defendant Roberta Arellano’s Answer to Plaintiff’s Complaint, Claimant’s Exhibit 2, and Defendant Okeechobee
County Sheriff’s Answer/Affirmative Defenses, Claimant’s Exhibits 3 and 4.
16
Insurance Co. of North America v. Pasakarnis, 451 So. 2d 447, 454 (Fla. 1984). SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 6
concluded a seatbelt would not have prev ented Ms.
Medrano’s injuries and death.
17
Additionally, it was argued in the underlying case that the
driver, Ms. Renteria, was negligent in making the left turn and
should bear some responsibility for the collision.
18
However,
the traffic homicide report concluded that speed was the
cause of the accident, despite the left turn made by the
driver.
19
Florida law requires “[t]he driver of a vehicle intending to turn
to the left within an intersection or into an alley, private road,
or driveway [to] yield the right-of-way to any vehicle
approaching from the opposite direction, or vehicles lawfully
passing on the left of the turning vehicle, which is within the
intersection or so close thereto as to constitute an immediate
hazard”
20
(emphasis added).
The accident reconstruction expert concluded Ms. Renteria
could not have known Deputy Gracie was an immediate
hazard,
21
and would not have been able to accurately judge
his speed or approach due to his not using his emergency
lights or sirens. Despite this, the jury verdict and final
judgment allocated comparative negligence to both Deputy
Gracie and Ms. Renteria.
Damages
Through the provision of medical records and supporting
evidence, claimants established that the jury verdict and final
judgment of $4,425,000 for the mental pain and suffering
22
of
Ms. Medrano’s parents is reasonable.
Sovereign Immunity
The Okeechobee Sheriff’s Office had $500,000 in insurance
coverage, which was paid out to the other two victims of the
accident.
23
Insurance coverage was provided in the amount
17
Deposition of Dr. Linda Rush O’Neil, Claimant’s Exhibit 48.
18
Section 316.122, of the Florida Statutes states that “the driver of a vehicle intending to turn to the left within an
intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from
the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection
or so close thereto as to constitute an immediate hazard.”
19
Florida Highway Patrol, Traffic Homicide Report, Respondent’s Exhibit E.
20
Section 316.122, F.S.
21
Excerpt of Trial Transcript: Direct and Redirect of Michael Knox, Claimant’s Exhibit 52.
22
Section 768.21, F.S. authorizes damages for wrongful death.
23
Respondent Sheriff’s Statement Regarding Self-Insurance/Payment, Respondent’s Exhibit 2. SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 7
of $300,000, the statutory cap on damages, plus an additional
$200,000 in contingent claim bill coverage. $100,000 was
paid to the rear-seated passenger, Isamar Sanchez Jaimes.
The claimants were offered the remaining $400,000, but
elected to proceed to trial. As a result, the remaining $400,000
was offered to the family of the deceased driver, Elizabeth
Arellano Renteria, who accepted payment of the $400,000.
Settlement with Estate of Elizabeth Arellano Renteria
The claimants settled their claim against the estate of Ms.
Renteria through a confidential settlement made before the
trial. During the special master hearing, claimant’s counsel
testified that claimants received $21,185.64 in net settlement
proceeds from Ms. Renteria’s motor vehicle insurance
coverage.
24
Claimant’s counsel stated that he could not
disclose the full amount of the settlement due to a
confidentiality agreement with the insurance company.
25
However, claimant’s counsel received $44,126.50 in
settlement proceeds.
26
Claimant’s counsel attested that no
settlement funds were derived from the $400,000 payment
made by the Florida Sheriff’s Risk Management Fund.
27
Conclusion
Deputy Sheriff Gracie’s negligence led to the traffic accident
and fatality of Hilda Medrano and the Okeechobee County
Sheriff’s Office is responsible for the acts of their employees.
The claimants introduced sufficient evidence to prove, by a
preponderance of the evidence that Detective Gracie
breached a duty of care and caused Ms. Medrano’s death.
ATTORNEY FEES:
Section 768.28(8), of the Florida Statutes, states that no
attorney may charge, demand, receive, or collect for services
rendered, fees in excess of 25 percent of any judgment or
settlement.
The claimant’s attorneys have submitted an affidavit to limit
attorney fees to 25 percent of the total amount awarded under
24
Recording of Special Master Hearing, discussion of confidential settlement beginning at about 1 hour, 22
minutes; Sworn Amended Affidavit of Edward H. Zebersky.
25
Id.
26
Sworn Affidavit of Edward H. Zebersky, Claimant’s Exhibit 66 and additional Affidavit of Edward H. Zebersky,
(Dec. 1, 2022).
27
Recording of Special Master Hearing, discussion of Claimants’ use of award beginning at about 1 hour, 25
minutes. SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 8
the claim bill and lobbying fees to 5 percent of the total amount
awarded under the claim bill.
28
FISCAL IMPACT: Impact of Award to Claimants
During the special master hearing, Mrs. Chavez-Medrano
indicated if the Legislature passed the claim bill, the family
would use the award for living expenses and would support
the community by funding scholarships for students going to
college.
29
Mr. Medrano-Arzate stated further that he would like
to create a scholarship in his daughter’s name for students
who are studying ultrasound, as his daughter was at the time
of her death, and for students who need financial assistance
to attend college.
30
Impact of Award to Respondent
The respondent has already paid the total coverage provided
by the Florida Sheriff’s Risk Management Fund. The
Respondent attests it has no other insurance coverage for the
claim.
31
This includes the statutory maximum of
$300,000.00,
32
as well as $200,000.00 in contingent claim
coverage.
The attorneys for the claimant and respondent have reached
an agreement to settle this claim for $1,200,000. The first
$300,000 will be paid within 30 days of the bill becoming law.
The three remaining payments will be paid by July 1 of each
of the following years.
The total amount of attorney fees paid for this claim may not
exceed $240,000; the total amount paid for lobbying fees may
not exceed $60,000; and the total amount paid for costs or
other similar expenses may not exceed $4,945.49
The amount awarded and paid by the Okeechobee County
Sheriff’s Office under this claim bill is intended to provide the
sole compensation for all present and future claims arising
from this accident.
28
Sworn Affidavit of Edward H. Zebersky, Claimant’s Exhibit 66 and additional Affidavit of Edward H. Zebersky,
(Dec. 1, 2022).
29
Id., discussion of claimants’ use of award beginning at about 1 hour, 31 minutes.
30
Id., discussion of claimants’ use of award beginning at about 1 hour, 52 minutes.
31
Affidavit of Sheriff Noel E. Stephen, Respondent’s Exhibit A, (Nov. 30, 2022).
32
The negligence claim involved three claimants, so the cap on damages is $300,000. Section 768.28(5), F.S. SPECIAL MASTER’S FINAL REPORT – CS/SB 12
March 30, 2023
Page 9
RECOMMENDATIONS: Based upon the foregoing, I recommend the bill be amended
to reflect the terms of the settlement discussed above and SB
12 be reported FAVORABLY.
Respectfully submitted,
Eva M. Davis
Senate Special Master
cc: Tracy Cantella, Secretary of the Senate
CS by Judiciary:
The committee substitute differs from the underlying bill by incorporating the terms of the
settlement reached between the parties. According to the settlement, the Okeechobee County
Sheriff’s Office will pay $1,200,000 to the Medrano family in four installments of $300,000, with
the first payment due within 30 days after the bill becomes law and each succeeding payment
made by July1 of each following year. Attorney fees may not exceed $240,000, lobbying fees
may not exceed $60,000, and costs may not exceed $4,945.49.