Florida 2019 Regular Session Status: Enacted

HB 6515 — Relief/Estate of Herminio Padilla, Jr./the City of West Palm Beach, Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach

Last action — Chapter No. 2019-186

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

13 added · 9 removed

13 line(s) added, 9 removed.

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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 CS/HB 6515 2019 A bill to be entitled An act for the relief of the Estate of Herminio Padilla, Jr., by the City of West Palm Beach, Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach;
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 ENROLLED CS/HB 6515 2019 Legislature 2 An act for the relief of the Estate of Herminio Padilla, Jr., by the City of West Palm Beach, Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach;
hb6515-01-c1 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 CS/HB 6515 2019 WHEREAS, the Estate of Herminio Padilla, Jr., filed a lawsuit against his employer, the City of West Palm Beach, who owns and operates the water reclamation facility, as well as Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach, who have a beneficial interest in the water reclamation facility where the accident occurred, and WHEREAS, it is alleged that, before the drowning occurred, the City of West Palm Beach as the owner and operator of the water reclamation facility hired an engineering firm to perform a visual inspection of the facility and the firm identified several safety issues that required immediate attention, and WHEREAS, subsequent to the drowning, the City of West Palm Beach as the owner and operator of the water reclamation facility hired a separate engineering company to perform an analysis of the drowning, which revealed that the grate that collapsed was missing an attachment, causing the grate to slide off the supporting ledge, and WHEREAS, subsequent to the drowning, an e-mail written by another employee of the facility alleged that complaints about other catwalks at the facility were brought to the attention of the City of West Palm Beach prior to the drowning, and WHEREAS, on October 17, 2018, the parties participated in mediation, and a settlement in the amount of $400,000 was reached as a compromise with no defendant admitting liability, Page 2 of 4 CODING:
hb6515-02-er 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 ENROLLED CS/HB 6515 2019 Legislature WHEREAS, the Estate of Herminio Padilla, Jr., filed a lawsuit against his employer, the City of West Palm Beach, who owns and operates the water reclamation facility, as well as Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach, who have a beneficial interest in the water reclamation facility where the accident occurred, and WHEREAS, it is alleged that, before the drowning occurred, the City of West Palm Beach as the owner and operator of the water reclamation facility hired an engineering firm to perform a visual inspection of the facility and the firm identified several safety issues that required immediate attention, and WHEREAS, subsequent to the drowning, the City of West Palm Beach as the owner and operator of the water reclamation facility hired a separate engineering company to perform an analysis of the drowning, which revealed that the grate that collapsed was missing an attachment, causing the grate to slide off the supporting ledge, and WHEREAS, subsequent to the drowning, an e-mail written by another employee of the facility alleged that complaints about other catwalks at the facility were brought to the attention of the City of West Palm Beach prior to the drowning, and WHEREAS, on October 17, 2018, the parties participated in mediation, and a settlement in the amount of $400,000 was reached as a compromise with no defendant admitting liability, Page 2 of 4 CODING:
hb6515-01-c1 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 CS/HB 6515 2019 of which the City of West Palm Beach, Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach have collectively paid the statutory limit of $300,000, and $100,000 remaining to be paid by the City of West Palm Beach, Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach collectively upon approval of a claim bill, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida:
hb6515-02-er 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 ENROLLED CS/HB 6515 2019 Legislature of which the City of West Palm Beach, Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach have collectively paid the statutory limit of $300,000, and $100,000 remaining to be paid by the City of West Palm Beach, Palm Beach County, the City of Lake Worth, the City of Riviera Beach, and the Town of Palm Beach collectively upon approval of a claim bill, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida:
hb6515-01-c1 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 CS/HB 6515 2019 and future claims arising out of the factual situation alleged in this act which resulted in the death of Herminio Padilla, Jr.
hb6515-02-er 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 ENROLLED CS/HB 6515 2019 Legislature and future claims arising out of the factual situation alleged in this act which resulted in the death of Herminio Padilla, Jr.
hb6515-01-c1
hb6515-02-er
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Action History

  1. Chapter No. 2019-186

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 30 NAYS 2

  6. Read 3rd time

  7. Placed on 3rd reading

  8. Read 2nd time

  9. Substituted for CS/CS/SB 200

  10. Placed on Calendar, on 2nd reading

  11. Withdrawn from Judiciary; Governmental Oversight and Accountability; Rules

  12. Received

  13. Referred to Judiciary; Governmental Oversight and Accountability; Rules

  14. In Messages

  15. CS passed; YEAS 113 NAYS 2

  16. Read 3rd time

  17. Read 2nd time

  18. Placed on Special Order Calendar, 04/17/19

  19. Placed on Calendar

  20. Favorable by- Judiciary Committee; YEAS 16 NAYS 0

  21. On Committee agenda-- Judiciary Committee, 04/03/19, 9:00 am, Sumner Hall

  22. Now in Judiciary Committee

  23. CS by Civil Justice Subcommittee read 1st time

  24. Pending review of CS under Rule 7.18(c)

  25. CS by Civil Justice Subcommittee; YEAS 15 NAYS 0

  26. On Committee agenda-- Civil Justice Subcommittee, 03/25/19, 3:00 pm, Sumner Hall

  27. Introduced

  28. Referred to Civil Justice Subcommittee; Judiciary Committee

  29. Filed

Sponsors

  • Fernandez-Barquin · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Fernandez-Barquin

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 30 Yea · 2 Nay · 8 Other
Party YeaNayPresentNot Voting
Republican 9000
Democrat 2000
Unaffiliated 19207
No Party Affiliation 0001
Total 30208
% of votes cast 75%5%0%20%
How each member voted (40)
Member Party Vote
Book — Not Voting
Bracy — Yea
Broxson — Yea
Cruz — Yea
Diaz — Not Voting
Farmer — Yea
Gainer — Nay
Hutson — Yea
Powell — Yea
Stewart — Yea
Taddeo — Yea
Thurston — Not Voting
Torres — Yea
Rader — Yea
Baxley — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Brandes — Yea
Montford — Yea
Perry — Nay
Galvano — Yea
Flores — Not Voting
Bean — Not Voting
Lee — Not Voting
Braynon — Not Voting
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Not Voting
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 113 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 11000
Unaffiliated 78201
Republican 24001
Total 113202
% of votes cast 97%2%0%2%
How each member voted (117)
Member Party Vote
Ausley — Yea
Brown — Yea
Byrd — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
Drake — Yea
DuBose — Yea
Duran — Yea
Eagle — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Good — Yea
Hill — Yea
Ingoglia — Yea
Jacobs — Yea
Jacquet — Yea
Jenne — Yea
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Newton — Yea
Oliva — Nay
Payne — Yea
Pigman — Nay
Ponder — Yea
Pritchett — Yea
Renner — Yea
Rommel — Yea
Roth — Yea
Santiago — Yea
Silvers — Yea
Sprowls — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Tomkow — Yea
Willhite — Yea
Williamson — Yea
Alexander — Yea
Aloupis — Yea
Altman — Yea
Grant, J. — Yea
Raschein — Yea
Grant, M. — Yea
Roach — Yea
Grieco — Yea
Robinson — Yea
Bell — Yea
Hage — Yea
Rodrigues, R. — Yea
Beltran — Yea
Hart — Yea
Hattersley — Yea
Sabatini — Yea
Bush — Yea
Caruso — Yea
Casello — Yea
Clemons — Yea
Cortes — Yea
Latvala — Yea
Sullivan — Yea
Valdes — Yea
Fernandez — Yea
Omphroy — Yea
Watson, B. — Yea
Fernandez-Barquin — Yea
Watson, C. — Yea
Fetterhoff — Yea
Webb — Yea
Williams — Yea
Fitzenhagen — Yea
Goff-Marcil — Yea
Polo — Yea
Zika — Yea
Slosberg — Not Voting
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Joseph, Dotie Democrat Yea
Polsky, Tina Scott Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Not Voting
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 2001
Democrat 3000
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Diamond — Yea
Geller — Yea
Hill — Yea
Killebrew — Yea
Mercado — Yea
Renner — Yea
Rommel — Yea
Alexander — Not Voting
Beltran — Yea
Fernandez-Barquin — Yea
Fitzenhagen — Yea
Grant, J. — Yea
Driskell, Fentrice Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Yea
LaMarca, Chip Republican Not Voting
Sirois, Tyler I. Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 2000
Democrat 2000
Total 15001
% of votes cast 94%0%0%6%
How each member voted (16)
Member Party Vote
Payne — Yea
Rommel — Yea
Stone — Yea
Toledo — Yea
Bell — Yea
Beltran — Yea
Hattersley — Yea
Omphroy — Not Voting
Diamond — Yea
Hill — Yea
Mercado — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
Gregory, Emily Democrat Yea
DiCeglie, Nick Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 6515?
HB 6515 is sponsored by Fernandez-Barquin.
What is the current status of HB 6515?
This bill has been enacted into law. Introduced February 19, 2019. Enacted.
Where can I track HB 6515?
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