Florida Senate - 2027 (NP) SB 12
By Senator Rodriguez
40-00020A-27 202712__
1 A bill to be entitled
2 An act for the relief of Odalys Fortes, Pablo Becerra,
3 and Aliyah Isabel Mieryteran by Miami-Dade County;
4 providing for an appropriation to compensate Ms.
5 Fortes, Mr. Becerra, and Ms. Mieryteran for injuries
6 sustained as a result of the negligence of Miami-Dade
7 County; providing a limitation on compensation and the
8 payment of attorney fees; providing an effective date.
9
10 WHEREAS, on November 30, 2018, Annie Becerra, age 22,
11 sustained serious injuries when she was involved in a motor
12 vehicle crash in which she was a front-seat passenger and, due
13 to the impact, was thrown forward onto the floorboard of the
14 vehicle, and
15 WHEREAS, the crash was negligently investigated by the
16 Miami-Dade Sheriff’s Office, known at the time as the Miami-Dade
17 Police Department, as multiple officers were on the scene and
18 failed to inspect the vehicle’s front passenger area and to
19 identify Ms. Becerra for over 70 minutes despite having been
20 told by the driver that she was missing, the front passenger
21 airbag being visibly deployed, and her clothing being visible
22 through the front passenger window, and
23 WHEREAS, despite those indications of her presence, Ms.
24 Becerra lay injured in a crumpled position in the vehicle,
25 causing her to suffer a traumatic and fatal brain injury due to
26 her body’s positioning which left her unable to breathe
27 properly, ultimately causing her death, and
28 WHEREAS, Ms. Becerra’s mother, Odalys Fortes, Ms. Becerra’s
29 father, Pablo Becerra, and Ms. Becerra’s then-1-year-old
30 daughter, Aliyah Isabel Mieryteran, have alleged, through a
31 lawsuit filed on September 27, 2019, that the negligence of
32 Miami-Dade County in the investigation and securing of the
33 accident scene, and in the rendering of aid to persons injured
34 in the crash, was the proximate cause of the death of Ms.
35 Becerra and of the injuries to her survivors, Ms. Fortes, Mr.
36 Becerra, and Ms. Mieryteran, a minor child, and
37 WHEREAS, the lawsuit proceeded to trial, and, on April 25,
38 2024, a jury returned a verdict in favor of Ms. Fortes, Mr.
39 Becerra, and Ms. Mieryteran, finding Miami-Dade County liable
40 for the death of Ms. Becerra, and
41 WHEREAS, the jury awarded a total verdict of $1.2 million,
42 awarding Ms. Fortes $150,000 for her injuries, Mr. Becerra
43 $150,000 for his injuries, and Ms. Mieryteran $900,000 for her
44 injuries, and
45 WHEREAS, Ms. Fortes has suffered significant mental pain
46 and suffering due to the death of her daughter, Ms. Becerra, and
47 WHEREAS, Mr. Becerra has suffered significant mental pain
48 and suffering due to the death of his daughter, Ms. Becerra, and
49 WHEREAS, Ms. Mieryteran, a minor child, has suffered lost
50 parental companionship, lost instruction and guidance, and
51 significant mental pain and suffering due to the death of her
52 mother, Ms. Becerra, and
53 WHEREAS, following the verdict and entry of final judgment,
54 Miami-Dade County has partially satisfied the judgment, paying
55 $200,000 to the family, and
56 WHEREAS, the remaining $1 million is needed to fully
57 compensate the victims and satisfy the judgment, and their claim
58 shall be considered fully satisfied by Miami-Dade County paying
59 this $1 million plus statutory interest and taxable costs to Ms.
60 Fortes, Mr. Becerra, and Ms. Mieryteran, as authorized by the
61 Florida Legislature through this claim bill, NOW, THEREFORE,
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. The facts stated in the preamble to this act are
66 found and declared to be true.
67 Section 2. Miami-Dade County is authorized and directed to
68 appropriate from funds not otherwise encumbered and to draw a
69 warrant in the sum of $1 million plus statutory interest and
70 taxable costs payable to Odalys Fortes, Pablo Becerra, and
71 Aliyah Isabel Mieryteran as compensation for injuries and
72 damages sustained.
73 Section 3. The amount paid by Miami-Dade County pursuant to
74 s. 768.28, Florida Statutes, and the amount awarded under this
75 act are intended to provide the sole compensation for all
76 present and future claims arising out of the factual situation
77 described in this act which resulted in injuries and damages to
78 Odalys Fortes, Pablo Becerra, and Aliyah Isabel Mieryteran. The
79 total amount paid for attorney fees relating to this claim may
80 not exceed 25 percent of the total amount awarded under this
81 act.
82 Section 4. This act shall take effect upon becoming a law.