HB 6019 2024
CODING: Words stricken are deletions; words underlined are additions.
hb6019-00
Page 1 of 5
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 J.N., a minor, by 2
Hillsborough County; providing an appropriation to 3
Stephany Grullon, as parent and guardian of J.N., to 4
compensate J.N. for injuries and damages sustained as 5
a result of the negligence of Hillsborough County in 6
maintaining sidewalk repairs; providing a limitation 7
on the payment of attorney fees; providing an 8
effective date. 9
10
WHEREAS, on June 7, 2019, in the afternoon, J.N., an 11 -11
year-old child at the time, was riding her bicycle, accompanied 12
by her mother's fiancé, Gabriel Soto, on a sidewalk located 13
along the east side of East Bay Road and adjacent to the East 14
Bay Lakes subdivision in Gibsonton, and 15
WHEREAS, the sidewalk is owned and maintained by 16
Hillsborough County, and 17
WHEREAS, J.N. was wearing her helmet while riding her 18
bicycle when her bicycle wheel hit an uneven area of the 19
concrete slab sidewalk causing her to lose control of her 20
bicycle and tumble down a steep slope next to the sidewalk, and 21
WHEREAS, by careening face forward over the handlebars into 22
a concrete and metal corrugated drainage culvert pipe, J.N. 23
lacerated portions of her gums, fractured her jaw, and avulsed 24
HB 6019 2024
CODING: Words stricken are deletions; words underlined are additions.
hb6019-00
Page 2 of 5
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
multiple adult teeth, and 25
WHEREAS, J.N. was rushed to the emergency room at St. 26
Joseph's Hospital where she underwent a CT scan which revealed a 27
fracture of the nasal bone, fracture of the maxilla, and fracture 28
of the superior alveolus, and 29
WHEREAS, the severity of the injur ies required plastic 30
surgery intervention and on June 8, 2019, J.N. underwent a 31
surgical procedure consisting of exploration and removal of 32
the impacted gingiva into her nasal structures and into the 33
upper maxilla, repair of the midline laceration of the upper 34
lip, and repair of the gingiva and lower lip vermilion, and 35
WHEREAS, on June 14, 2019, J.N. underwent a second surgery 36
consisting of a closed reduction of her nasal fracture, and 37
WHEREAS, on February 20, 2021, J.N. was seen by Pediatric 38
Epilepsy and Neurology Specialists due to headaches that she 39
experienced as frequently as once or twice a week and which had 40
first started shortly after the accident, and 41
WHEREAS, on March 16, 2022, J.N. was seen by an oral 42
surgeon at the Moffett Oral Surgery and Dental Implant 43
Center, during which time she was informed that she would 44
need a bone graft and eventually an implant, and 45
WHEREAS, J.N. has to wait for her bones to finish growing 46
before Dr. Moffett can proceed with the bone graft, which he 47
expects will be when J.N. is 16 or 17 years old, and 48
HB 6019 2024
CODING: Words stricken are deletions; words underlined are additions.
hb6019-00
Page 3 of 5
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, after J.N. heals from her bone graft, Moffett Oral 49
Surgery and Dental Implant Center will then start the process 50
for implants and eventually crowns, and 51
WHEREAS, along with the medical treatment and bills 52
associated with this injury, J.N. has suffered intangible and 53
emotional losses, has an extreme loss of self -esteem, and 54
struggles socially with her peers, and 55
WHEREAS, the county was on notice that the same section 56
of sidewalk where J.N. had her accident was in need of repair 57
and replacement as early as October 7, 2015, by way of a work 58
request order which had been received, and 59
WHEREAS, in 2016, Juan Olivero Lopez, a Hillsborough 60
County maintenance supervisor responsible for sidewalk 61
maintenance, stated that he was directed by the county to 62
inspect the sidewalk, and 63
WHEREAS, Juan Olivero Lopez further stated that in 64
response to the work order, the South Service Unit performed a 65
physical inspection of the sidewalk before the date of the 66
accident, but that repairs to make the sidewalk safe were 67
never performed, and 68
WHEREAS, the drainage ditch and culvert system located next 69
to the sidewalk were also in need of maintenance and repair, as 70
evidenced by the extensive deterioration of the concrete and 71
metal corrugated drainage culvert pipe which had become jagged 72
HB 6019 2024
CODING: Words stricken are deletions; words underlined are additions.
hb6019-00
Page 4 of 5
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
and rusted, and 73
WHEREAS, Hillsborough County employee, William Cox, a civil 74
engineer responsible for drainage culvert replacement and 75
planning, stated that he was not responsible for the maint enance 76
of the culvert, and 77
WHEREAS, Juan Olivero Lopez, as a maintenance supervisor of 78
the South Service Unit, stated that he was also not responsible 79
for the maintenance of the culvert, and 80
WHEREAS, clearly there was a gap in maintenance 81
responsibility for the culvert, which was never repaired and 82
which contributed to the severity of J.N.'s injuries, and 83
WHEREAS, Stephany Grullon and Hillsborough County entered 84
into a settlement and release agreement on September 20, 85
2022, in which the county agreed to pay Stephany Grullon 86
$600,000 to settle all claims, and 87
WHEREAS, Hillsborough County paid $200,000, the sovereign 88
immunity limit under s. 768.28, Florida Statutes, to Stephany 89
Grullon within 20 days after entering into the settlement 90
agreement, and 91
WHEREAS, Hillsborough County acknowledged and agreed not 92
to oppose a legislative claims bill that would be filed 93
during the 2023 Regular Session of the Legislature or in a 94
subsequent legislative session for the additional $400,000, 95
and 96
HB 6019 2024
CODING: Words stricken are deletions; words underlined are additions.
hb6019-00
Page 5 of 5
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, the statutory l imit under s. 768.28, Florida 97
Statutes, paid to Stephany Grullon is $200,000, but the 98
balance of $400,000 remains unpaid, NOW, THEREFORE, 99
100
Be It Enacted by the Legislature of the State of Florida: 101
102
Section 1. The facts stated in the preamble to this act 103
are found and declared to be true. 104
Section 2. Hillsborough County is authorized and directed 105
to appropriate from funds of the county not otherwise encumbered 106
and draw a warrant in the sum of $400,000 payable to Stephany 107
Grullon, as parent and guard ian of J.N., to be placed in a trust 108
created for the exclusive use and benefit of J.N. for injuries 109
and damages sustained. 110
Section 3. The amount awarded under this act is intended 111
to provide the sole compensation for all present and future 112
claims arising out of the factual situation described in this 113
act which resulted in injuries and damages to J.N. The total 114
amount paid for attorney fees and costs, lobbying fees, and 115
other similar expenses relating to this claim may not exceed 25 116
percent of the total amount awarded under this act. 117
Section 4. This act shall take effect upon becoming a law. 118