Florida 2025 Regular Session

Florida House Bill H6529 Compare Versions

Only one version of the bill is available at this time.
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1010 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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1212 A bill to be entitled 1
1313 An act for the relief of J.N., a minor, by 2
1414 Hillsborough County; providing an appropriation to 3
1515 Stephany Grullon, as parent and guardian of J.N., to 4
1616 compensate J.N. for injuries and damages she sustained 5
1717 as a result of the negligence of Hillsborough County 6
1818 in maintaining sidewalks and culvert systems; 7
1919 providing a limitation on compensation and the payment 8
2020 of certain fees and costs; providing an effective 9
2121 date. 10
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2323 WHEREAS, on the afternoon of June 7, 2019, J.N., then 11 12
2424 years of age, was riding her bicycle, accompanied by her 13
2525 mother's fiancé, Gabriel Soto, on a sidewalk located along the 14
2626 east side of East Bay Road and adjacent to the East Bay Lakes 15
2727 subdivision in Gibsonton, and 16
2828 WHEREAS, the sidewalk is owned and maintained by 17
2929 Hillsborough County, and 18
3030 WHEREAS, J.N. was wearing her helmet while riding her 19
3131 bicycle when her bicycle wheel hit an uneven area of the 20
3232 concrete slab sidewalk, causing her to lose control of her 21
3333 bicycle and tumble down a steep slope next to the sidewalk, and 22
3434 WHEREAS, J.N. careened face forward over the bicycle's 23
3535 handlebars into a concrete and corrugated metal drainage culvert 24
3636 pipe and lacerated portions of her gums, fractured her jaw, and 25 
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4545 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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4747 avulsed multiple adult teeth, and 26
4848 WHEREAS, J.N. was rushed to the emergency room at St. 27
4949 Joseph's Hospital, where she underwent a CT scan that revealed 28
5050 fractures of the nasal bone, the maxilla, and the superior 29
5151 alveolus, and 30
5252 WHEREAS, the severity of her i njuries required plastic 31
5353 surgery intervention, and on June 8, 2019, J.N. underwent a 32
5454 surgical procedure consisting of exploration and removal of the 33
5555 gingiva impacted into her nasal structures and into the upper 34
5656 maxilla, repair of the midline laceration of her upper lip, and 35
5757 repair of her gingiva and lower lip vermilion, and 36
5858 WHEREAS, on June 14, 2019, J.N. underwent a second surgery 37
5959 consisting of a closed reduction of her nasal fracture, and 38
6060 WHEREAS, on February 20, 2021, J.N. was seen by Pediatric 39
6161 Epilepsy and Neurology Specialists due to headaches that she 40
6262 experienced as frequently as once or twice a week and which had 41
6363 first started shortly after the accident, and 42
6464 WHEREAS, on March 16, 2022, J.N. was seen by an oral 43
6565 surgeon at the Moffett Oral Surgery an d Dental Implant Center, 44
6666 during which time she was informed that she would need a bone 45
6767 graft and eventually an implant, and 46
6868 WHEREAS, J.N. has to wait for her bones to finish growing 47
6969 before Dr. Moffett can proceed with the bone graft, which he 48
7070 expects will be when J.N. is 16 or 17 years old, and 49
7171 WHEREAS, after J.N. heals from her bone graft, Moffett Oral 50 
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8080 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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8282 Surgery and Dental Implant Center will then begin the process 51
8383 for implants and, eventually, crowns, and 52
8484 WHEREAS, along with the medical treatment and bil ls 53
8585 associated with this injury, J.N. has suffered intangible and 54
8686 emotional losses, has experienced an extreme loss of self -55
8787 esteem, and struggles socially with her peers, and 56
8888 WHEREAS, Hillsborough County was on notice that the same 57
8989 section of sidewalk wher e J.N. had her accident was in need of 58
9090 repair and replacement as early as October 7, 2015, as evidenced 59
9191 by the filing of a work request order, and 60
9292 WHEREAS, in 2016, Juan Olivero Lopez, a Hillsborough County 61
9393 maintenance supervisor responsible for sidewalk maintenance, 62
9494 stated that he was directed by the county to inspect the 63
9595 sidewalk, and 64
9696 WHEREAS, Juan Olivero Lopez further stated that, in 65
9797 response to the work request order, the South Service Unit 66
9898 performed a physical inspection of the sidewalk before the d ate 67
9999 of the accident, but that repairs to make the sidewalk safe were 68
100100 never performed, and 69
101101 WHEREAS, the drainage ditch and culvert system located next 70
102102 to the sidewalk were also in need of maintenance and repair, as 71
103103 evidenced by the extensive deterioration of the concrete and 72
104104 corrugated metal drainage culvert pipe, which had become jagged 73
105105 and rusted, and 74
106106 WHEREAS, Hillsborough County employee William Cox, a civil 75 
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115115 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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117117 engineer responsible for drainage culvert replacement and 76
118118 planning, stated that he was not respo nsible for the maintenance 77
119119 of the culvert, and 78
120120 WHEREAS, Juan Olivero Lopez stated that, in his capacity as 79
121121 a maintenance supervisor of the South Service Unit, he was not 80
122122 responsible for the maintenance of the culvert, and 81
123123 WHEREAS, clearly there was a gap in assigning or accepting 82
124124 responsibility for maintenance of the culvert, and the resulting 83
125125 failure to repair the drainage ditch and culvert system, coupled 84
126126 with the failure to repair or replace the sidewalk, contributed 85
127127 to the severity of J.N.'s injuries, and 86
128128 WHEREAS, J.N.'s parent and guardian, Stephany Grullon, and 87
129129 Hillsborough County entered into a settlement and release 88
130130 agreement on September 20, 2022, in which the county agreed to 89
131131 pay Stephany Grullon $600,000 to settle all claims, and 90
132132 WHEREAS, Hillsborough County paid $200,000, the sovereign 91
133133 immunity limit under s. 768.28, Florida Statutes, to Stephany 92
134134 Grullon within 20 days after entering into the settlement and 93
135135 release agreement, and 94
136136 WHEREAS, Hillsborough County acknowledged and agreed not to 95
137137 oppose a legislative claims bill that would be filed during the 96
138138 2023 Regular Session of the Legislature or in a subsequent 97
139139 legislative session for the additional $400,000, and 98
140140 WHEREAS, the $200,000 statutory limit under s. 768.28, 99
141141 Florida Statutes, has been paid to Stephany Grullon, but the 100 
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150150 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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152152 balance of $400,000 remains unpaid, NOW, THEREFORE, 101
153153 102
154154 Be It Enacted by the Legislature of the State of Florida: 103
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156156 Section 1. The facts stated in the preamble to this act 105
157157 are found and declared to be true. 106
158158 Section 2. Hillsborough County is authorized and directed 107
159159 to appropriate from funds of the county not otherwise encumbered 108
160160 and draw a warrant in the sum of $400,000 payable to Stephany 109
161161 Grullon, as parent and guardian of J.N., to be placed in a trust 110
162162 created for the exclusive use and benefit of J.N. for injuries 111
163163 and damages sustained. 112
164164 Section 3. The amount paid by Hillsborough County pursuant 113
165165 to s. 768.28, Florida Statutes, and the amount awarded under 114
166166 this act are intended to provide the sole compensation for al l 115
167167 present and future claims arising out of the factual situation 116
168168 described in this act which resulted in injuries and damages to 117
169169 J.N. The total amount paid for attorney fees and costs, lobbying 118
170170 fees, and other similar expenses relating to this claim may no t 119
171171 exceed 25 percent of the total amount awarded under this act. 120
172172 Section 4. This act shall take effect upon becoming a law. 121