Florida 2024 Regular Session

Florida House Bill H6007 Latest Draft

Bill / Enrolled Version Filed 03/04/2024

                                     
 ENROLLED  
CS/HB 6007  	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6007-02-er 
Page 1 of 6 
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 
 
      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 was 12 
wearing a helmet and lawfully operating a motorcycle within the 13 
posted speed limit, traveling east on State Road 16 in the 14 
correct travel lane in unincorporate d St. Johns County, and 15 
 WHEREAS, at the same time, an employee of the St. Johns 16 
County Sheriff's Office (SJSO), acting in the course and scope 17 
of his employment, was operating a marked SJSO patrol vehicle, 18 
and traveling west on State Road 16, and 19 
 WHEREAS, the SJSO employee negligently entered the 20 
intersection of State Road 16 and Harvest Lane and attempted a 21 
left turn directly in front of the motorcycle operated by Ms. 22 
Perez, and 23 
 WHEREAS, Ms. Perez's motorcycle struck the right side of 24 
the SJSO vehicle, causing her to eject from her motorcycle and 25           
 ENROLLED  
CS/HB 6007  	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6007-02-er 
Page 2 of 6 
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 
 
impact the hood of the patrol car before she came to rest on the 26 
pavement of State Road 16, and 27 
 WHEREAS, the Florida Highway Patrol's traffic crash 28 
investigators conducted an extensive crash investigation of th e 29 
accident, including preparation for a traffic homicide 30 
reconstruction due to Ms. Perez's grave condition, and 31 
 WHEREAS, witnesses on the scene told investigators that, at 32 
the time of the crash, eastbound traffic had a steady green 33 
signal, giving Ms. Pere z the right of way, and 34 
 WHEREAS, the investigation determined that the actions of 35 
Ms. Perez were reasonable and did not contribute to or cause the 36 
collision, and 37 
 WHEREAS, the Florida Highway Patrol investigation found the 38 
SJSO employee to be solely at fa ult for causing the accident and 39 
issued him a traffic citation for failure to yield to oncoming 40 
traffic in violation of s. 316.122, Florida Statutes, to which 41 
he pled no contest, and 42 
 WHEREAS, the St. Johns County Sheriff's Office has admitted 43 
its employee was negligent in causing the collision and liable 44 
for Ms. Perez's injuries, and 45 
 WHEREAS, Ms. Perez suffered catastrophic injuries, was 46 
intubated and resuscitated at the crash site by local emergency 47 
medical services, and was rushed to the Trauma Center a t 48 
Memorial Hospital Jacksonville, where she arrived comatose and 49 
had to undergo a series of blood transfusions, and 50           
 ENROLLED  
CS/HB 6007  	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6007-02-er 
Page 3 of 6 
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 
 
 WHEREAS, Ms. Perez suffered multiple open and comminuted 51 
fractures of the pelvis, arms, and legs, as well as organ 52 
lacerations and puncture s, including a punctured left lung, 53 
resulting in cardiopulmonary arrest due to blood loss, and 54 
numerous complications, including a pulmonary embolism, deep 55 
vein thrombosis, and episodes of pneumonia; suffered at least 56 
one myocardial infarction; and endured multiple systemic 57 
infections, bowel obstructions, a fractured arm, and a nicked 58 
artery, and 59 
 WHEREAS, Ms. Perez remained hospitalized and was in a 60 
nursing home for almost eight months following the crash, and 61 
 WHEREAS, because of blood loss and infection, Ms. Perez 62 
suffered renal tubular necrosis and a kidney injury, which 63 
necessitated her to receive kidney dialysis for many months and 64 
made it possible that she will need further kidney treatment in 65 
the future, and 66 
 WHEREAS, Ms. Perez suffers from substanti al pain when 67 
trying to accomplish simple tasks of daily living and 68 
experiences interrupted sleep on a nightly basis, chronic 69 
migraine headaches, and severe elevated blood pressure, and 70 
 WHEREAS, Ms. Perez suffers from memory loss, confusion, 71 
communication difficulties, fatigue, frustration, and 72 
depression, and she is under the treatment of a neurologist, and 73 
 WHEREAS, Ms. Perez has undergone dozens of surgeries and 74 
faces many more, and 75           
 ENROLLED  
CS/HB 6007  	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6007-02-er 
Page 4 of 6 
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 
 
 WHEREAS, Ms. Perez's past medical bills attributable to the 76 
crash and related liens amount to more than $3,863,108.09, and 77 
 WHEREAS, the costs of Ms. Perez's future medical care and 78 
related expenses are estimated to be as much as $4,077,923.57 79 
over the course of Ms. Perez's life, and 80 
 WHEREAS, Ms. Perez has bee n declared to be totally and 81 
permanently disabled by her physicians, and her loss of earning 82 
capacity is estimated to be $282,110, based on her full Social 83 
Security retirement age of 67 and a minimum -wage earning 84 
capacity, and 85 
 WHEREAS, a lawsuit was filed on behalf of Ms. Perez and was 86 
set for trial in the Circuit Court of the Seventh Judicial 87 
Circuit, in and for St. Johns County, Florida, styled Julia 88 
Perez vs. Robert A. Hardwick, in his capacity as Sheriff of St. 89 
Johns County, Case No.: 2020-CA-387; however, the parties agreed 90 
to a settlement amount of $6.5 million before trial, and 91 
 WHEREAS, Ms. Perez has been paid the statutory limit of 92 
$200,000 by the St. Johns County Sheriff's Office's self -93 
insuring risk pool, leaving a balance of $6.3 million which t he 94 
St. Johns County Sheriff's Office is willing to pay upon being 95 
authorized to do so by the enactment of a claim bill pursuant to 96 
s. 768.28, Florida Statutes, and 97 
 WHEREAS, the parties agree to support a claim bill that 98 
authorizes and directs the St. John s County Sheriff's Office to 99           
 ENROLLED  
CS/HB 6007  	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6007-02-er 
Page 5 of 6 
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 
 
appropriate from funds of the county and pay Julia Perez $6.3 100 
million, and 101 
 WHEREAS, Ms. Perez seeks the total sum of $6.3 million in 102 
relief from the Legislature for satisfaction of her injuries and 103 
damages, NOW, THEREFORE, 104 
 105 
Be It Enacted by the Legislature of the State of Florida: 106 
 107 
 Section 1.  The facts stated in the preamble to this act 108 
are found and declared to be true. 109 
 Section 2.  The St. Johns County Sheriff's Office is 110 
authorized and directed to appropriate from fu nds of the county 111 
not otherwise encumbered and pay Julia Perez $6.3 million, to 112 
compensate her for the injuries and damages she sustained due to 113 
the negligence of an employee of the St. Johns County Sheriff's 114 
Office. 115 
 Section 3.  It is the intent of the Legislature that all 116 
lien interests held by the state, if any, resulting from the 117 
treatment and care of Julia Perez for the occurrences described 118 
in this act are waived. It is the intent of the Legislature that 119 
all Medicaid liens arising from the treatment and care of the 120 
injuries and damages to Julia Perez described in this act shall 121 
be waived. 122 
 Section 4.  The amount awarded under this act is intended 123 
to provide the sole compensation for all present and future 124           
 ENROLLED  
CS/HB 6007  	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6007-02-er 
Page 6 of 6 
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 
 
claims arising out of the factual situation described in this 125 
act which resulted in injuries and damages to Julia Perez. The 126 
total amount paid for attorney fees relating to this claim may 127 
not exceed 25 percent of the total amount awarded under this 128 
act. 129 
 Section 5.  This act shall take effect upon becoming a law. 130