Florida 2024 2024 Regular Session

Florida House Bill H6007 Introduced / Bill

Filed 10/02/2023

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HB 6007  	2024 
 
 
 
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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 
 
A bill to be entitled 1 
An act for the relief of Julia Perez by the St. Johns 2 
County Sheriff's Office; providing for an 3 
appropriation to compensate Julia Perez for personal 4 
injuries and damages sustained as a result of the 5 
negligence of an employee of the St. Johns County 6 
Sheriff's Office; providing legislative intent for the 7 
waiver of certain lien interests; providing a 8 
limitation on compensation and the payment of attorney 9 
fees; providing an effective date. 10 
 11 
 WHEREAS, at 5:09 p.m. on April 7, 2019, Julia Perez, then 12 
51 years of age, and her companion, Tom Eiland, then 59 years of 13 
age, were both wearing helmets and lawfully operating separate 14 
motorcycles within the posted speed limit, traveling east on 15 
State Road 16 in the correct travel lane in unincorporated St. 16 
Johns County, and 17 
 WHEREAS, at the same time, Deputy Brandon Hetzler, then 28 18 
years of age, a newly sworn employee of the St. Johns County 19 
Sheriff's Office (SJSO ), acting in the course and scope of his 20 
employment, was operating a marked SJSO patrol vehicle and 21 
traveling west on State Road 16 in the left turn lane at the 22 
intersection of State Road 16 and Harvest Lane, and 23 
 WHEREAS, the afternoon sky was clear, the road was dry, and 24 
there were no obstructions when Deputy Hetzler suddenly entered 25      
   
HB 6007  	2024 
 
 
 
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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 
 
the intersection of State Road 16 and Harvest Lane and attempted 26 
a left turn directly in front of both motorcycles operated by 27 
Ms. Perez and Mr. Eiland, and 28 
 WHEREAS, the front right side of Deputy Hetzler's vehicle 29 
collided with the front of Ms. Perez's motorcycle, ejecting Ms. 30 
Perez from her motorcycle, with her making contact with the hood 31 
of the patrol car and being propelled over the roof, striking 32 
the trunk before she la nded on the pavement of State Road 16, 33 
and 34 
 WHEREAS, the front right side of Deputy Hetzler's vehicle 35 
collided with the left side of Mr. Eiland's motorcycle, ejecting 36 
Mr. Eiland from his motorcycle and onto the pavement, and 37 
 WHEREAS, the Florida Highway P atrol's traffic crash 38 
investigators conducted an extensive investigation of the 39 
accident, which included preparation for a traffic homicide 40 
reconstruction due to Ms. Perez's grave condition, and 41 
 WHEREAS, witnesses on the scene told investigators that at 42 
the time of the crash, the eastbound traffic had a steady green 43 
signal and that Ms. Perez and Mr. Eiland had the right of way, 44 
and 45 
 WHEREAS, the investigation revealed that Deputy Hetzler had 46 
overheard a service call and was responding to it, but he did 47 
not activate his siren or emergency lights, and 48 
 WHEREAS, the investigation determined that the actions of 49 
Ms. Perez and Mr. Eiland were reasonable and did not contribute 50      
   
HB 6007  	2024 
 
 
 
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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 
 
to or cause the collisions, and 51 
 WHEREAS, the Florida Highway Patrol investigation found 52 
Deputy Hetzler to be solely at fault in the accident and issued 53 
him a traffic citation for failure to yield to oncoming traffic 54 
in violation of s. 316.122, Florida Statutes, and 55 
 WHEREAS, SJSO policy 61.16 states, "It shall be the 56 
responsibility of each e mployee to operate agency vehicles 57 
efficiently, maintain the vehicle, and drive the vehicle in 58 
observance of all rules of the road in order to reduce the 59 
likelihood of traffic crashes or injury," and 60 
 WHEREAS, SJSO policy 61.16 also states, "All crashes an d 61 
incidents involving agency vehicle damage shall be reviewed by 62 
the Traffic Crash Review Board within thirty days of the crash," 63 
and 64 
 WHEREAS, the SJSO Traffic Crash Review Board found Deputy 65 
Hetzler to be at fault for causing the crash and injuries, and 66 
 WHEREAS, Deputy Hetzler's negligence was the sole cause of 67 
the collisions, and 68 
 WHEREAS, the St. Johns County Sheriff's Office admitted 69 
negligence for causing the collision and liability for Ms. 70 
Perez's injuries, and 71 
 WHEREAS, Ms. Perez suffered multiple open and comminuted 72 
fractures of the pelvis, arms, and legs, as well as organ 73 
lacerations and punctures, including a punctured left lung, 74 
resulting in cardiopulmonary arrest due to blood loss, and 75      
   
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 WHEREAS, Ms. Perez wa s found unresponsive at the scene of 76 
the accident and had to be resuscitated on the street by first 77 
responders before St. Johns County Fire Rescue arrived to assume 78 
rescue efforts, and 79 
 WHEREAS, Ms. Perez was intubated in the field and rushed to 80 
the Trauma Center at Memorial Hospital Jacksonville, arriving 81 
comatose and undergoing a series of blood transfusions, and 82 
 WHEREAS, Ms. Perez spent 3 months on a ventilator and 83 
feeding tube; battled a pulmonary embolism, a deep vein 84 
thrombosis, and episodes of pneum onia; suffered at least one 85 
myocardial infarction; and endured multiple systemic infections, 86 
and 87 
 WHEREAS, Ms. Perez was unconscious for 3 months and 88 
bedridden for 7 months, resulting in two painful pressure sores, 89 
and 90 
 WHEREAS, in July 2019, a nurse reinj ured Ms. Perez's 91 
fractured arm while turning her to prevent pressure sores, and 92 
 WHEREAS, in August 2019, Ms. Perez's bladder was 93 
inadvertently nicked during a surgery to insert a plate into her 94 
pelvis, causing internal bleeding and necessitating a repair 95 
surgery, and 96 
 WHEREAS, Ms. Perez remained hospitalized and was in a 97 
nursing home for almost 8 months following the crash, and 98 
 WHEREAS, being bedridden and immobile have caused Ms. Perez 99 
to suffer bowel obstructions, leading to multiple emergency care 100      
   
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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 
 
visits, and 101 
 WHEREAS, because of blood loss and infection, Ms. Perez has 102 
suffered renal tubular necrosis and permanent kidney injury, and 103 
 WHEREAS, Mr. Eiland has transported Ms. Perez to 104 
Jacksonville three times per week for kidney dialysis because 105 
she is in chronic, end-stage kidney failure, meaning she will 106 
likely either be placed on a kidney donor list as a transplant 107 
candidate or be on dialysis for the rest of her life, and 108 
 WHEREAS, Ms. Perez suffers from incontinence and, due to 109 
her dialysis catheter, is unable to shower or bathe, and instead 110 
relies on a process of cleaning herself with wet towelettes, 111 
which typically takes an hour or longer to complete, and 112 
 WHEREAS, Ms. Perez suffers from substantial pain when 113 
trying to accomplish simple tasks of daily living and 114 
experiences interrupted sleep on a nightly basis, and 115 
 WHEREAS, Ms. Perez suffers from chronic migraine headaches 116 
and severely elevated blood pressure, which has resulted in 117 
multiple emergency care visits, and 118 
 WHEREAS, Ms. Perez has suffered a traumatic brain injury as 119 
a result of the crash, causing memory loss, confusion, 120 
communication difficulties, fatigue, frustration, and 121 
depression, and she is under the treatment of a neurologist, and 122 
 WHEREAS, Ms. Perez has undergone dozens of surgeries an d is 123 
faced with many more, and past medical bills and liens amount to 124 
more than $3,863,108.09 for her care and treatment, all due to 125      
   
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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 
 
injuries resulting from the crash, and 126 
 WHEREAS, the costs of future medical care, treatment, and 127 
equipment is estimated to be between $3,318,811.56 and 128 
$4,077,923.57 over the course of her 30 -year life expectancy, 129 
and 130 
 WHEREAS, Ms. Perez is totally disabled, and her loss of 131 
earning capacity is conservatively estimated to be $282,110, 132 
based on her full Social Security retireme nt age of 67 and a 133 
minimum-wage earning capacity, and 134 
 WHEREAS, Ms. Perez seeks the total sum of $15 million in 135 
equitable relief from the Legislature for satisfaction of her 136 
injuries and damages, NOW, THEREFORE, 137 
 138 
Be It Enacted by the Legislature of the S tate of Florida: 139 
 140 
 Section 1.  The facts stated in the preamble to this act 141 
are found and declared to be true. 142 
 Section 2.  The St. Johns County Sheriff's Office is 143 
authorized and directed to appropriate from funds of the county 144 
not otherwise encumbere d and to pay Julia Perez $15 million, or 145 
an alternative amount not to exceed $15 million in the event the 146 
parties reach an agreement, to compensate her for the injuries 147 
and damages she sustained due to the negligence of an employee 148 
of the St. Johns County Sheriff's Office. 149 
 Section 3.  It is the intent of the Legislature that all 150      
   
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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 
 
lien interests held by the state, if any, resulting from the 151 
treatment and care of Julia Perez for the occurrences described 152 
in this act are waived. 153 
 Section 4.  The amount awarded under this act is intended 154 
to provide the sole compensation for all present and future 155 
claims arising out of the factual situation described in this 156 
act which resulted in injuries and damages to Julia Perez. The 157 
total amount paid for attorney fees rel ating to this claim may 158 
not exceed 25 percent of the total amount awarded under this 159 
act. 160 
 Section 5.  This act shall take effect upon becoming a law. 161