Florida 2024 Regular Session

Florida House Bill H6019 Compare Versions

Only one version of the bill is available at this time.

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12	12	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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16	16	A bill to be entitled 1
17	17	An act for the relief of J.N., a minor, by 2
18	18	Hillsborough County; providing an appropriation to 3
19	19	Stephany Grullon, as parent and guardian of J.N., to 4
20	20	compensate J.N. for injuries and damages sustained as 5
21	21	a result of the negligence of Hillsborough County in 6
22	22	maintaining sidewalk repairs; providing a limitation 7
23	23	on the payment of attorney fees; providing an 8
24	24	effective date. 9
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26	26	WHEREAS, on June 7, 2019, in the afternoon, J.N., an 11 -11
27	27	year-old child at the time, was riding her bicycle, accompanied 12
28	28	by her mother's fiancé, Gabriel Soto, on a sidewalk located 13
29	29	along the east side of East Bay Road and adjacent to the East 14
30	30	Bay Lakes subdivision in Gibsonton, and 15
31	31	WHEREAS, the sidewalk is owned and maintained by 16
32	32	Hillsborough County, and 17
33	33	WHEREAS, J.N. was wearing her helmet while riding her 18
34	34	bicycle when her bicycle wheel hit an uneven area of the 19
35	35	concrete slab sidewalk causing her to lose control of her 20
36	36	bicycle and tumble down a steep slope next to the sidewalk, and 21
37	37	WHEREAS, by careening face forward over the handlebars into 22
38	38	a concrete and metal corrugated drainage culvert pipe, J.N. 23
39	39	lacerated portions of her gums, fractured her jaw, and avulsed 24
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50	50	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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54	54	multiple adult teeth, and 25
55	55	WHEREAS, J.N. was rushed to the emergency room at St. 26
56	56	Joseph's Hospital where she underwent a CT scan which revealed a 27
57	57	fracture of the nasal bone, fracture of the maxilla, and fracture 28
58	58	of the superior alveolus, and 29
59	59	WHEREAS, the severity of the injur ies required plastic 30
60	60	surgery intervention and on June 8, 2019, J.N. underwent a 31
61	61	surgical procedure consisting of exploration and removal of 32
62	62	the impacted gingiva into her nasal structures and into the 33
63	63	upper maxilla, repair of the midline laceration of the upper 34
64	64	lip, and repair of the gingiva and lower lip vermilion, and 35
65	65	WHEREAS, on June 14, 2019, J.N. underwent a second surgery 36
66	66	consisting of a closed reduction of her nasal fracture, and 37
67	67	WHEREAS, on February 20, 2021, J.N. was seen by Pediatric 38
68	68	Epilepsy and Neurology Specialists due to headaches that she 39
69	69	experienced as frequently as once or twice a week and which had 40
70	70	first started shortly after the accident, and 41
71	71	WHEREAS, on March 16, 2022, J.N. was seen by an oral 42
72	72	surgeon at the Moffett Oral Surgery and Dental Implant 43
73	73	Center, during which time she was informed that she would 44
74	74	need a bone graft and eventually an implant, and 45
75	75	WHEREAS, J.N. has to wait for her bones to finish growing 46
76	76	before Dr. Moffett can proceed with the bone graft, which he 47
77	77	expects will be when J.N. is 16 or 17 years old, and 48
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88	88	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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92	92	WHEREAS, after J.N. heals from her bone graft, Moffett Oral 49
93	93	Surgery and Dental Implant Center will then start the process 50
94	94	for implants and eventually crowns, and 51
95	95	WHEREAS, along with the medical treatment and bills 52
96	96	associated with this injury, J.N. has suffered intangible and 53
97	97	emotional losses, has an extreme loss of self -esteem, and 54
98	98	struggles socially with her peers, and 55
99	99	WHEREAS, the county was on notice that the same section 56
100	100	of sidewalk where J.N. had her accident was in need of repair 57
101	101	and replacement as early as October 7, 2015, by way of a work 58
102	102	request order which had been received, and 59
103	103	WHEREAS, in 2016, Juan Olivero Lopez, a Hillsborough 60
104	104	County maintenance supervisor responsible for sidewalk 61
105	105	maintenance, stated that he was directed by the county to 62
106	106	inspect the sidewalk, and 63
107	107	WHEREAS, Juan Olivero Lopez further stated that in 64
108	108	response to the work order, the South Service Unit performed a 65
109	109	physical inspection of the sidewalk before the date of the 66
110	110	accident, but that repairs to make the sidewalk safe were 67
111	111	never performed, and 68
112	112	WHEREAS, the drainage ditch and culvert system located next 69
113	113	to the sidewalk were also in need of maintenance and repair, as 70
114	114	evidenced by the extensive deterioration of the concrete and 71
115	115	metal corrugated drainage culvert pipe which had become jagged 72
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126	126	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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130	130	and rusted, and 73
131	131	WHEREAS, Hillsborough County employee, William Cox, a civil 74
132	132	engineer responsible for drainage culvert replacement and 75
133	133	planning, stated that he was not responsible for the maint enance 76
134	134	of the culvert, and 77
135	135	WHEREAS, Juan Olivero Lopez, as a maintenance supervisor of 78
136	136	the South Service Unit, stated that he was also not responsible 79
137	137	for the maintenance of the culvert, and 80
138	138	WHEREAS, clearly there was a gap in maintenance 81
139	139	responsibility for the culvert, which was never repaired and 82
140	140	which contributed to the severity of J.N.'s injuries, and 83
141	141	WHEREAS, Stephany Grullon and Hillsborough County entered 84
142	142	into a settlement and release agreement on September 20, 85
143	143	2022, in which the county agreed to pay Stephany Grullon 86
144	144	$600,000 to settle all claims, and 87
145	145	WHEREAS, Hillsborough County paid $200,000, the sovereign 88
146	146	immunity limit under s. 768.28, Florida Statutes, to Stephany 89
147	147	Grullon within 20 days after entering into the settlement 90
148	148	agreement, and 91
149	149	WHEREAS, Hillsborough County acknowledged and agreed not 92
150	150	to oppose a legislative claims bill that would be filed 93
151	151	during the 2023 Regular Session of the Legislature or in a 94
152	152	subsequent legislative session for the additional $400,000, 95
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164	164	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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168	168	WHEREAS, the statutory l imit under s. 768.28, Florida 97
169	169	Statutes, paid to Stephany Grullon is $200,000, but the 98
170	170	balance of $400,000 remains unpaid, NOW, THEREFORE, 99
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172	172	Be It Enacted by the Legislature of the State of Florida: 101
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174	174	Section 1. The facts stated in the preamble to this act 103
175	175	are found and declared to be true. 104
176	176	Section 2. Hillsborough County is authorized and directed 105
177	177	to appropriate from funds of the county not otherwise encumbered 106
178	178	and draw a warrant in the sum of $400,000 payable to Stephany 107
179	179	Grullon, as parent and guard ian of J.N., to be placed in a trust 108
180	180	created for the exclusive use and benefit of J.N. for injuries 109
181	181	and damages sustained. 110
182	182	Section 3. The amount awarded under this act is intended 111
183	183	to provide the sole compensation for all present and future 112
184	184	claims arising out of the factual situation described in this 113
185	185	act which resulted in injuries and damages to J.N. The total 114
186	186	amount paid for attorney fees and costs, lobbying fees, and 115
187	187	other similar expenses relating to this claim may not exceed 25 116
188	188	percent of the total amount awarded under this act. 117
189	189	Section 4. This act shall take effect upon becoming a law. 118