Florida 2024 Regular Session

Florida House Bill H6007 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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10	10		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
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12		-	1
	12	+	A bill to be entitled 1
13	13		An act for the relief of Julia Perez by the St. Johns 2
14	14		County Sheriff's Office; providing for an 3
15	15		appropriation to compensate Julia Perez for personal 4
16	16		injuries and damages sustained as a result of the 5
17	17		negligence of an employee of the St. Johns County 6
18	18		Sheriff's Office; providing legislative intent for the 7
19	19		waiver of certain lien interests; providing a 8
20	20		limitation on compensation and the payment of attorney 9
21	21		fees; providing an effective date. 10
22	22		11
23	23		WHEREAS, at 5:09 p.m. on April 7, 2019, Julia Perez was 12
24	24		wearing a helmet and lawfully operating a motorcycle within the 13
25	25		posted speed limit, traveling east on State Road 16 in the 14
26	26		correct travel lane in unincorporated St. Johns County, and 15
27	27		WHEREAS, at the same time, an employee of the St. Johns 16
28	28		County Sheriff's Office (SJSO), acting in the course and scope 17
29	29		of his employment, was operating a marked SJSO patrol vehicle, 18
30	30		and traveling west on State Road 16, and 19
31	31		WHEREAS, the SJSO employee negligently entered the 20
32	32		intersection of State Road 16 and Harvest Lane and attempted a 21
33	33		left turn directly in front of the motorcycle operated by Ms. 22
34	34		Perez, and 23
35	35		WHEREAS, Ms. Perez's motorcycle struck the right side of 24
36	36		the SJSO vehicle, causing her to eject from her motorcycle and 25 
37		-	~~ENROLLED~~
38		-	CS/HB 6007 2024 ~~Legislature~~
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45	45		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
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47	47		impact the hood of the patrol car before she came to rest on the 26
48	48		pavement of State Road 16, and 27
49	49		WHEREAS, the Florida Highway Patrol's traffic crash 28
50	50		investigators conducted an extensive crash investigation of the 29
51	51		accident, including preparation for a traffic homicide 30
52	52		reconstruction due to Ms. Perez's grave condition, and 31
53	53		WHEREAS, witnesses on the scene told investigators that, at 32
54	54		the time of the crash, eastbound traffic had a steady green 33
55	55		signal, giving Ms. Perez the right of way, and 34
56	56		WHEREAS, the investigation determined that the actions of 35
57	57		Ms. Perez were reasonable and did not contribute to or cause the 36
58	58		collision, and 37
59	59		WHEREAS, the Florida Highway Patrol investigation found the 38
60	60		SJSO employee to be solely at fault for caus ing the accident and 39
61	61		issued him a traffic citation for failure to yield to oncoming 40
62	62		traffic in violation of s. 316.122, Florida Statutes, to which 41
63	63		he pled no contest, and 42
64	64		WHEREAS, the St. Johns County Sheriff's Office has admitted 43
65	65		its employee was neglige nt in causing the collision and liable 44
66	66		for Ms. Perez's injuries, and 45
67	67		WHEREAS, Ms. Perez suffered catastrophic injuries, was 46
68	68		intubated and resuscitated at the crash site by local emergency 47
69	69		medical services, and was rushed to the Trauma Center at 48
70	70		Memorial Hospital Jacksonville, where she arrived comatose and 49
71	71		had to undergo a series of blood transfusions, and 50 
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80	80		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
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82	82		WHEREAS, Ms. Perez suffered multiple open and comminuted 51
83	83		fractures of the pelvis, arms, and legs, as well as organ 52
84	84		lacerations and punctures, including a punctured left lung, 53
85	85		resulting in cardiopulmonary arrest due to blood loss, and 54
86	86		numerous complications, including a pulmonary embolism, deep 55
87	87		vein thrombosis, and episodes of pneumonia; suffered at least 56
88	88		one myocardial infarction; and endured multiple sy stemic 57
89	89		infections, bowel obstructions, a fractured arm, and a nicked 58
90	90		artery, and 59
91	91		WHEREAS, Ms. Perez remained hospitalized and was in a 60
92	92		nursing home for almost eight months following the crash, and 61
93	93		WHEREAS, because of blood loss and infection, Ms. Perez 62
94	94		suffered renal tubular necrosis and a kidney injury, which 63
95	95		necessitated her to receive kidney dialysis for many months and 64
96	96		made it possible that she will need further kidney treatment in 65
97	97		the future, and 66
98	98		WHEREAS, Ms. Perez suffers from substantial pain when 67
99	99		trying to accomplish simple tasks of daily living and 68
100	100		experiences interrupted sleep on a nightly basis, chronic 69
101	101		migraine headaches, and severe elevated blood pressure, and 70
102	102		WHEREAS, Ms. Perez suffers from memory loss, confusion, 71
103	103		communication difficulties, fatigue, frustration, and 72
104	104		depression, and she is under the treatment of a neurologist, and 73
105	105		WHEREAS, Ms. Perez has undergone dozens of surgeries and 74
106	106		faces many more, and 75 
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117	117		WHEREAS, Ms. Perez's past medical bills attributable to the 76
118	118		crash and related liens amount to more than $3,863,108.09, and 77
119	119		WHEREAS, the costs of Ms. Perez's future medical care and 78
120	120		related expenses are estimated to be as much as $4,077,923.57 79
121	121		over the course of Ms. Perez's life, and 80
122	122		WHEREAS, Ms. Perez has been declared to be totally and 81
123	123		permanently disabled by her physicians, and her loss of earning 82
124	124		capacity is estimated to be $282,110, based on her full Social 83
125	125		Security retirement age of 67 and a minimum -wage earning 84
126	126		capacity, and 85
127	127		WHEREAS, a lawsuit was filed on behalf of Ms. Perez and was 86
128	128		set for trial in the Circuit Court of the Seventh Judicial 87
129	129		Circuit, in and for St. Johns County, Florida, styled Julia 88
130	130		Perez vs. Robert A. Hardwick, in his capacity as Sheriff of St. 89
131	131		Johns County, Case No.: 2020-CA-387; however, the parti es agreed 90
132	132		to a settlement amount of $6.5 million before trial, and 91
133	133		WHEREAS, Ms. Perez has been paid the statutory limit of 92
134	134		$200,000 by the St. Johns County Sheriff's Office's self -93
135	135		insuring risk pool, leaving a balance of $6.3 million which the 94
136	136		St. Johns County Sheriff's Office is willing to pay upon being 95
137	137		authorized to do so by the enactment of a claim bill pursuant to 96
138	138		s. 768.28, Florida Statutes, and 97
139	139		WHEREAS, the parties agree to support a claim bill that 98
140	140		authorizes and directs the St. Johns County Sheri ff's Office to 99 
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149	149		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
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151	151		appropriate from funds of the county and pay Julia Perez $6.3 100
152	152		million, and 101
153	153		WHEREAS, Ms. Perez seeks the total sum of $6.3 million in 102
154	154		relief from the Legislature for satisfaction of her injuries and 103
155	155		damages, NOW, THEREFORE, 104
156	156		105
157	157		Be It Enacted by the Legislature of the State of Florida: 106
158	158		107
159	159		Section 1. The facts stated in the preamble to this act 108
160	160		are found and declared to be true. 109
161	161		Section 2. The St. Johns County Sheriff's Office is 110
162	162		authorized and directed to appropriate from funds of the cou nty 111
163	163		not otherwise encumbered and pay Julia Perez $6.3 million, to 112
164	164		compensate her for the injuries and damages she sustained due to 113
165	165		the negligence of an employee of the St. Johns County Sheriff's 114
166	166		Office. 115
167	167		Section 3. It is the intent of the Legislature th at all 116
168	168		lien interests held by the state, if any, resulting from the 117
169	169		treatment and care of Julia Perez for the occurrences described 118
170	170		in this act are waived. It is the intent of the Legislature that 119
171	171		all Medicaid liens arising from the treatment and care of t he 120
172	172		injuries and damages to Julia Perez described in this act shall 121
173	173		be waived. 122
174	174		Section 4. The amount awarded under this act is intended 123
175	175		to provide the sole compensation for all present and future 124 
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184	184		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
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186	186		claims arising out of the factual situation described in this 125
187	187		act which resulted in injuries and damages to Julia Perez. The 126
188	188		total amount paid for attorney fees relating to this claim may 127
189	189		not exceed 25 percent of the total amount awarded under this 128
190	190		act. 129
191	191		Section 5. This act shall take effect upon becoming a law. 130