Florida 2025 Regular Session

Florida House Bill H6509 Compare Versions

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

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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	12	A bill to be entitled 1
13	13	An act for the relief of Patricia Ermini by the Lee 2
14	14	County Sheriff's Office; providing for an 3
15	15	appropriation to compensate her for injuries sustained 4
16	16	as a result of the negligence of the Lee County 5
17	17	Sheriff's Office; providing a limitation on the 6
18	18	payment of attorney fees; providing an effective date. 7
19	19	8
20	20	WHEREAS, on the evening of March 23, 2012, 71 -year-old 9
21	21	Patricia Ermini spoke on the telephone with her daughter , Robin 10
22	22	Lacasse, who found that her mother was extremely upset in the 11
23	23	wake of her contentious and expensive divorce after a brief 12
24	24	marriage, and 13
25	25	WHEREAS, Ms. Lacasse suggested to her mother that she hang 14
26	26	up, take some time to calm down, and, afterward, cal l her back, 15
27	27	which her mother did; however, Ms. Lacasse missed her mother's 16
28	28	call, and 17
29	29	WHEREAS, when Ms. Ermini failed to reach her daughter, she 18
30	30	went to bed in her bedroom, which was being cooled by a window 19
31	31	air conditioner, and 20
32	32	WHEREAS, over the course o f half an hour, Ms. Lacasse 21
33	33	repeatedly tried to return her mother's call, and, when her 22
34	34	mother did not answer, Ms. Lacasse called the Lee County 23
35	35	Sheriff's Office (LCSO) to request that a well -being check be 24
36	36	conducted to determine whether her mother was saf e, and 25 
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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	WHEREAS, shortly before 9 p.m., LCSO dispatch relayed the 26
48	48	call for a well-being check to Deputy Charlene Palmese, with 27
49	49	Deputies Richard Lisenbee and Robert Hamer also responding to 28
50	50	the call, conveying the following information to the deputies: 29
51	51	Ms. Ermini's name and age; that the request for a well -being 30
52	52	check had been initiated by Ms. Ermini's daughter, who did not 31
53	53	reside in Lee County and was afraid for her mother's life; that 32
54	54	Ms. Ermini was in the middle of a difficult divorce; that Ms. 33
55	55	Ermini had told her daughter that she "couldn't take it 34
56	56	anymore"; that Ms. Ermini's daughter was worried that Ms. Ermini 35
57	57	might commit suicide; that Ms. Ermini had never threatened 36
58	58	suicide before; that Ms. Ermini did not suffer from mental 37
59	59	illness; and that Ms. Ermin i had a gun and might have been 38
60	60	drinking, and 39
61	61	WHEREAS, at the time of the call, Deputy Lisenbee was on 40
62	62	probation and undergoing remedial training, in part because of 41
63	63	his demonstrated inability to control scenes or suspects through 42
64	64	verbal commands, and he later told investigators that he could 43
65	65	not recall receiving training in the conduct of well -being 44
66	66	checks, and 45
67	67	WHEREAS, Deputy Palmese had completed her field training 46
68	68	only a few days before the call, during which she received 47
69	69	instruction on how to respond to a well-being check, but she 48
70	70	later told investigators that she could not recall whether, at 49
71	71	the time of the call, she had ever actually participated in a 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	well-being check, and 51
83	83	WHEREAS, Deputy Hamer had been to many suicide threat 52
84	84	calls, and he made it a practice to carry his rifle when it was 53
85	85	known that a firearm was present on the premises where the 54
86	86	subject of the call was located, and 55
87	87	WHEREAS, Deputy Lisenbee, who was the first to arrive at 56
88	88	Ms. Ermini's home in response to the call, observed that the re 57
89	89	were no lights on in the home when he arrived and, after a brief 58
90	90	exterior check, went to the front door, where he secured a 59
91	91	screen door in the open position, knocked on the door, and 60
92	92	announced, "Sheriff's Office," to no response, and 61
93	93	WHEREAS, Deputy Lisenbee determined that the front door was 62
94	94	unlocked, opened the door, and again said, "Sheriff's Office," 63
95	95	followed by "Anyone here? Anyone home?" to no response, and 64
96	96	WHEREAS, Deputy Palmese was second to arrive, followed by 65
97	97	Deputy Hamer, who, like the othe r deputies, parked out of view 66
98	98	from inside the residence, and 67
99	99	WHEREAS, Deputy Hamer retrieved from the trunk of his 68
100	100	vehicle his AR-15 rifle, which was equipped with a flashlight 69
101	101	and a sighting device that allowed him to find his target more 70
102	102	quickly and easily, and 71
103	103	WHEREAS, Deputy Hamer determined that the three deputies, 72
104	104	all of whom were wearing dark green uniforms, should go into the 73
105	105	residence to clear the house, and 74
106	106	WHEREAS, Deputy Hamer activated the flashlight on his 75 
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115	115	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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117	117	rifle, and Deputy Lisenbee announ ced "Sheriff's Office" once or 76
118	118	twice more before they entered the home, after which they 77
119	119	proceeded to move about the dark residence in silence as they 78
120	120	cleared the living room, finally arriving at the primary 79
121	121	bedroom, which had double doors, both of which w ere closed, and 80
122	122	WHEREAS, without knocking or further announcing their 81
123	123	presence, Deputy Lisenbee opened the right -hand bedroom door and 82
124	124	shined his flashlight on a female, who appeared to be asleep on 83
125	125	the bed wearing only undergarments, and 84
126	126	WHEREAS, after Deputy Lisenbee entered the bedroom doorway, 85
127	127	he announced, "Sheriff's Office. Are you okay?" to which the 86
128	128	woman responded, "Who's there? Who's there?," and 87
129	129	WHEREAS, Deputy Lisenbee said, "Sheriff's Office. We're 88
130	130	here to make sure you're okay. Are you okay ?," and 89
131	131	WHEREAS, Deputy Lisenbee said that, although the woman may 90
132	132	have sounded frightened, he did not temper his tone, nor did he 91
133	133	ever shine his flashlight on himself to allow Ms. Ermini to see 92
134	134	that he was, in fact, a uniformed officer, and 93
135	135	WHEREAS, Deputy Hamer said he heard Ms. Ermini say, "What 94
136	136	are you doing here? I have a gun," and 95
137	137	WHEREAS, Deputy Hamer later acknowledged that he didn't 96
138	138	know whether Ms. Ermini had heard or understood Deputy Lisenbee, 97
139	139	yet nonetheless, he turned off the flashlight on his gun, "took 98
140	140	the point," and stepped in front of Deputy Lisenbee because, he 99
141	141	said, he had more weaponry, was the senior officer on scene, and 100 
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152	152	had significantly more gun range time, and 101
153	153	WHEREAS, terrified, Ms. Ermini told the person at the 102
154	154	doorway, whom she perceived as an intruder, to get out of her 103
155	155	house "because [she had] a gun" and, with that, jumped up from 104
156	156	the bed and hid behind the still -closed left-hand bedroom door, 105
157	157	and 106
158	158	WHEREAS, it remains unclear whether Ms. Ermini grabbed her 107
159	159	gun as she ran to shelter behind the door, and 108
160	160	WHEREAS, as Ms. Ermini tried to look around the bedroom 109
161	161	door, she was shot multiple times, with Deputy Hamer firing 110
162	162	seven rounds from his rifle through the closed bedroom door, and 111
163	163	WHEREAS, according to the chief crime scene investigator, a 112
164	164	bullet fired through the middle of the door struck Ms. Ermini in 113
165	165	her left leg, shattering her femur and causing her to fall 114
166	166	backward onto the floor; another bullet hit her in the upper 115
167	167	right arm, leaving a portion of her upper arm missing; and a 116
168	168	third bullet caused a graze wound across the back of her head, 117
169	169	and 118
170	170	WHEREAS, a wood splinter from the door lodged in her right 119
171	171	eye, temporarily blinding her in that eye, and 120
172	172	WHEREAS, it was less than 2 minutes from the time of entry 121
173	173	until Ms. Ermini was shot multiple times and fell to the floor, 122
174	174	and 123
175	175	WHEREAS, Deputy Hamer notified dispatch of the shooting and 124
176	176	continued to sweep the bedroom before finally delivering first 125 
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185	185	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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187	187	aid to Ms. Ermini, whom he handcuffed because she was still 126
188	188	alive and therefore posed a continuing threat to the deputies, 127
189	189	and 128
190	190	WHEREAS, Lee County Emergency Medical Services (EMS) were 129
191	191	dispatched at the same time as the officers and were waiting 130
192	192	just two blocks away, which likely saved Ms. Ermini's life, and 131
193	193	WHEREAS, when the lead paramedic for EMS arrived, he 132
194	194	determined that Ms. Ermini had life -threatening injuries to the 133
195	195	front and back of her left leg and to the front and back of her 134
196	196	right arm, and a laceration to the back of her head just above 135
197	197	the neckline, and 136
198	198	WHEREAS, Ms. Ermini repeatedly asked the paramedic why she 137
199	199	had been shot, who the intruders were, and why they were in her 138
200	200	home, and 139
201	201	WHEREAS, Ms. Ermini's most grievous injury was the 140
202	202	shattered femur in her left leg, and moving her caused her 141
203	203	significant blood loss and e xcruciating pain, and 142
204	204	WHEREAS, Ms. Ermini was taken to Lee Memorial Hospital in 143
205	205	critical condition and later admitted to the intensive care 144
206	206	unit, and 145
207	207	WHEREAS, in addition to the gunshot wounds, Ms. Ermini had 146
208	208	numerous wounds on her face from the wood spl inters from the 147
209	209	bedroom door, and 148
210	210	WHEREAS, an LCSO lieutenant who followed the ambulance to 149
211	211	the hospital initially refused the emergency room doctor's 150 
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220	220	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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222	222	request to remove the handcuffs from Ms. Ermini; emergency room 151
223	223	staff were told that Ms. Ermini "tried t o kill a cop"; and Ms. 152
224	224	Ermini's family members were denied visitation, and 153
225	225	WHEREAS, doctors were able to save Ms. Ermini's eye with 154
226	226	surgery, but her vision has deteriorated since the incident, and 155
227	227	WHEREAS, Ms. Ermini required multiple surgeries to repair 156
228	228	her femur and address her wounds, including multiple skin grafts 157
229	229	on her shoulder, and 158
230	230	WHEREAS, after discharge, she suffered a severe septic 159
231	231	infection that caused her tremendous pain, and the pain 160
232	232	medications she was prescribed induced debilitating paran oia, 161
233	233	and 162
234	234	WHEREAS, on March 24, 2012, Sheriff Mike Scott told the 163
235	235	news media that Ms. Ermini shot at deputies who had responded to 164
236	236	a well-being check and that they returned fire, which directly 165
237	237	contradicts Deputy Hamer's statement, in which he indicated th at 166
238	238	he shot first, and 167
239	239	WHEREAS, on March 29, 2012, Ms. Ermini was arrested in the 168
240	240	intensive care unit on two counts of aggravated assault on a law 169
241	241	enforcement officer, which the state attorney declined to 170
242	242	prosecute, and 171
243	243	WHEREAS, Ms. Ermini was an emergenc y room nurse in South 172
244	244	Florida for many years and had worked hand -in-hand with law 173
245	245	enforcement officers, no evidence was ever produced that she had 174
246	246	any animus toward law enforcement officers, and it is still 175 
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257	257	disputed that Ms. Ermini's weapon was discharged during the 176
258	258	encounter, and 177
259	259	WHEREAS, Ms. Ermini remained hospitalized for about 30 days 178
260	260	and has never fully recovered from her injuries, and 179
261	261	WHEREAS, Ms. Ermini continues to suffer acute pain, 180
262	262	fatigue, and a limited range of motion due to the gunshot wound 181
263	263	to her upper arm, all of which impair her ability to accomplish 182
264	264	many of the activities of daily living, and she also suffers 183
265	265	from debilitating posttraumatic stress disorder, and 184
266	266	WHEREAS, Ms. Ermini was forced to sell her home because she 185
267	267	cannot afford in-home assistance, and 186
268	268	WHEREAS, Deputy Lisenbee and Deputy Hamer were terminated 187
269	269	by the LCSO shortly after the incident, the latter for "conduct 188
270	270	unbecoming," and 189
271	271	WHEREAS, in November 2015, Ms. Ermini filed suit against 190
272	272	LCSO and the individual deputies involved in the call, and 191
273	273	WHEREAS, on January 12, 2018, after a 4 -day trial, a jury 192
274	274	that included a retired law enforcement officer awarded $1 193
275	275	million in damages to Ms. Ermini for her pain and suffering, and 194
276	276	WHEREAS, after apportionment of 75 percent of the fault to 195
277	277	LCSO, a judgment was entered in Ms. Ermini's favor for $750,000, 196
278	278	and 197
279	279	WHEREAS, ultimately, after numerous procedural attempts by 198
280	280	LCSO to overturn the judgment, the United States Court of 199
281	281	Appeals for the 11th Circuit affirmed the judgment of th e United 200 
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292	292	States District Court in Ms. Ermini's favor, and on or about 201
293	293	December 9, 2019, the Florida Sheriffs Risk Management Fund, on 202
294	294	behalf of its insured, the Lee County Sheriff's Office, paid the 203
295	295	statutory limit of $200,000 in damages under section 768. 28, 204
296	296	Florida Statutes, and 205
297	297	WHEREAS, this claim bill is for recovery of the excess 206
298	298	judgment in the amount of $550,000, plus interest and taxable 207
299	299	trial costs and appellate costs awarded to Ms. Ermini in the 208
300	300	amount of $76,769.93, for a total claim of $626,769 .93, NOW, 209
301	301	THEREFORE, 210
302	302	211
303	303	Be It Enacted by the Legislature of the State of Florida: 212
304	304	213
305	305	Section 1. The facts stated in the preamble to this act 214
306	306	are found and declared to be true. 215
307	307	Section 2. The Florida Sheriffs Risk Management Fund is 216
308	308	authorized and directed to appropriate from funds not otherwise 217
309	309	encumbered and to draw a warrant in the sum of $626,769.93 218
310	310	payable to Patricia Ermini as compensation for injuries and 219
311	311	damages sustained. 220
312	312	Section 3. The amount paid by the Florida Sheriffs Risk 221
313	313	Management Fund, on behalf of its insured, the Lee County 222
314	314	Sheriff's Office, pursuant to s. 768.28, Florida Statutes, and 223
315	315	the amount awarded under this act are intended to provide the 224
316	316	sole compensation for all present and future claims arising out 225 
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327	327	of the factual situat ion described in this act which resulted in 226
328	328	injuries and damages to Patricia Ermini. The total amount paid 227
329	329	for attorney fees relating to this claim may not exceed 25 228
330	330	percent of the total amount awarded under this act. 229
331	331	Section 4. This act shall take eff ect upon becoming a law. 230