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3 | 3 | | HB 6529 2025 |
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9 | 9 | | Page 1 of 5 |
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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 |
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13 | 13 | | An act for the relief of J.N., a minor, by 2 |
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14 | 14 | | Hillsborough County; providing an appropriation to 3 |
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15 | 15 | | Stephany Grullon, as parent and guardian of J.N., to 4 |
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16 | 16 | | compensate J.N. for injuries and damages she sustained 5 |
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17 | 17 | | as a result of the negligence of Hillsborough County 6 |
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18 | 18 | | in maintaining sidewalks and culvert systems; 7 |
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19 | 19 | | providing a limitation on compensation and the payment 8 |
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20 | 20 | | of certain fees and costs; providing an effective 9 |
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21 | 21 | | date. 10 |
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22 | 22 | | 11 |
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23 | 23 | | WHEREAS, on the afternoon of June 7, 2019, J.N., then 11 12 |
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24 | 24 | | years of age, was riding her bicycle, accompanied by her 13 |
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25 | 25 | | mother's fiancé, Gabriel Soto, on a sidewalk located along the 14 |
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26 | 26 | | east side of East Bay Road and adjacent to the East Bay Lakes 15 |
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27 | 27 | | subdivision in Gibsonton, and 16 |
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28 | 28 | | WHEREAS, the sidewalk is owned and maintained by 17 |
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29 | 29 | | Hillsborough County, and 18 |
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30 | 30 | | WHEREAS, J.N. was wearing her helmet while riding her 19 |
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31 | 31 | | bicycle when her bicycle wheel hit an uneven area of the 20 |
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32 | 32 | | concrete slab sidewalk, causing her to lose control of her 21 |
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33 | 33 | | bicycle and tumble down a steep slope next to the sidewalk, and 22 |
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34 | 34 | | WHEREAS, J.N. careened face forward over the bicycle's 23 |
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35 | 35 | | handlebars into a concrete and corrugated metal drainage culvert 24 |
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36 | 36 | | pipe and lacerated portions of her gums, fractured her jaw, and 25 |
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38 | 38 | | HB 6529 2025 |
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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 | | avulsed multiple adult teeth, and 26 |
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48 | 48 | | WHEREAS, J.N. was rushed to the emergency room at St. 27 |
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49 | 49 | | Joseph's Hospital, where she underwent a CT scan that revealed 28 |
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50 | 50 | | fractures of the nasal bone, the maxilla, and the superior 29 |
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51 | 51 | | alveolus, and 30 |
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52 | 52 | | WHEREAS, the severity of her i njuries required plastic 31 |
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53 | 53 | | surgery intervention, and on June 8, 2019, J.N. underwent a 32 |
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54 | 54 | | surgical procedure consisting of exploration and removal of the 33 |
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55 | 55 | | gingiva impacted into her nasal structures and into the upper 34 |
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56 | 56 | | maxilla, repair of the midline laceration of her upper lip, and 35 |
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57 | 57 | | repair of her gingiva and lower lip vermilion, and 36 |
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58 | 58 | | WHEREAS, on June 14, 2019, J.N. underwent a second surgery 37 |
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59 | 59 | | consisting of a closed reduction of her nasal fracture, and 38 |
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60 | 60 | | WHEREAS, on February 20, 2021, J.N. was seen by Pediatric 39 |
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61 | 61 | | Epilepsy and Neurology Specialists due to headaches that she 40 |
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62 | 62 | | experienced as frequently as once or twice a week and which had 41 |
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63 | 63 | | first started shortly after the accident, and 42 |
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64 | 64 | | WHEREAS, on March 16, 2022, J.N. was seen by an oral 43 |
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65 | 65 | | surgeon at the Moffett Oral Surgery an d Dental Implant Center, 44 |
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66 | 66 | | during which time she was informed that she would need a bone 45 |
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67 | 67 | | graft and eventually an implant, and 46 |
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68 | 68 | | WHEREAS, J.N. has to wait for her bones to finish growing 47 |
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69 | 69 | | before Dr. Moffett can proceed with the bone graft, which he 48 |
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70 | 70 | | expects will be when J.N. is 16 or 17 years old, and 49 |
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71 | 71 | | WHEREAS, after J.N. heals from her bone graft, Moffett Oral 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 | | Surgery and Dental Implant Center will then begin the process 51 |
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83 | 83 | | for implants and, eventually, crowns, and 52 |
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84 | 84 | | WHEREAS, along with the medical treatment and bil ls 53 |
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85 | 85 | | associated with this injury, J.N. has suffered intangible and 54 |
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86 | 86 | | emotional losses, has experienced an extreme loss of self -55 |
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87 | 87 | | esteem, and struggles socially with her peers, and 56 |
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88 | 88 | | WHEREAS, Hillsborough County was on notice that the same 57 |
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89 | 89 | | section of sidewalk wher e J.N. had her accident was in need of 58 |
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90 | 90 | | repair and replacement as early as October 7, 2015, as evidenced 59 |
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91 | 91 | | by the filing of a work request order, and 60 |
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92 | 92 | | WHEREAS, in 2016, Juan Olivero Lopez, a Hillsborough County 61 |
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93 | 93 | | maintenance supervisor responsible for sidewalk maintenance, 62 |
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94 | 94 | | stated that he was directed by the county to inspect the 63 |
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95 | 95 | | sidewalk, and 64 |
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96 | 96 | | WHEREAS, Juan Olivero Lopez further stated that, in 65 |
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97 | 97 | | response to the work request order, the South Service Unit 66 |
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98 | 98 | | performed a physical inspection of the sidewalk before the d ate 67 |
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99 | 99 | | of the accident, but that repairs to make the sidewalk safe were 68 |
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100 | 100 | | never performed, and 69 |
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101 | 101 | | WHEREAS, the drainage ditch and culvert system located next 70 |
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102 | 102 | | to the sidewalk were also in need of maintenance and repair, as 71 |
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103 | 103 | | evidenced by the extensive deterioration of the concrete and 72 |
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104 | 104 | | corrugated metal drainage culvert pipe, which had become jagged 73 |
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105 | 105 | | and rusted, and 74 |
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106 | 106 | | WHEREAS, Hillsborough County employee William Cox, a civil 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 | | engineer responsible for drainage culvert replacement and 76 |
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118 | 118 | | planning, stated that he was not respo nsible for the maintenance 77 |
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119 | 119 | | of the culvert, and 78 |
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120 | 120 | | WHEREAS, Juan Olivero Lopez stated that, in his capacity as 79 |
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121 | 121 | | a maintenance supervisor of the South Service Unit, he was not 80 |
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122 | 122 | | responsible for the maintenance of the culvert, and 81 |
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123 | 123 | | WHEREAS, clearly there was a gap in assigning or accepting 82 |
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124 | 124 | | responsibility for maintenance of the culvert, and the resulting 83 |
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125 | 125 | | failure to repair the drainage ditch and culvert system, coupled 84 |
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126 | 126 | | with the failure to repair or replace the sidewalk, contributed 85 |
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127 | 127 | | to the severity of J.N.'s injuries, and 86 |
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128 | 128 | | WHEREAS, J.N.'s parent and guardian, Stephany Grullon, and 87 |
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129 | 129 | | Hillsborough County entered into a settlement and release 88 |
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130 | 130 | | agreement on September 20, 2022, in which the county agreed to 89 |
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131 | 131 | | pay Stephany Grullon $600,000 to settle all claims, and 90 |
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132 | 132 | | WHEREAS, Hillsborough County paid $200,000, the sovereign 91 |
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133 | 133 | | immunity limit under s. 768.28, Florida Statutes, to Stephany 92 |
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134 | 134 | | Grullon within 20 days after entering into the settlement and 93 |
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135 | 135 | | release agreement, and 94 |
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136 | 136 | | WHEREAS, Hillsborough County acknowledged and agreed not to 95 |
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137 | 137 | | oppose a legislative claims bill that would be filed during the 96 |
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138 | 138 | | 2023 Regular Session of the Legislature or in a subsequent 97 |
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139 | 139 | | legislative session for the additional $400,000, and 98 |
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140 | 140 | | WHEREAS, the $200,000 statutory limit under s. 768.28, 99 |
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141 | 141 | | Florida Statutes, has been paid to Stephany Grullon, but the 100 |
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143 | 143 | | HB 6529 2025 |
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150 | 150 | | 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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152 | 152 | | balance of $400,000 remains unpaid, NOW, THEREFORE, 101 |
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153 | 153 | | 102 |
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154 | 154 | | Be It Enacted by the Legislature of the State of Florida: 103 |
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155 | 155 | | 104 |
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156 | 156 | | Section 1. The facts stated in the preamble to this act 105 |
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157 | 157 | | are found and declared to be true. 106 |
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158 | 158 | | Section 2. Hillsborough County is authorized and directed 107 |
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159 | 159 | | to appropriate from funds of the county not otherwise encumbered 108 |
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160 | 160 | | and draw a warrant in the sum of $400,000 payable to Stephany 109 |
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161 | 161 | | Grullon, as parent and guardian of J.N., to be placed in a trust 110 |
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162 | 162 | | created for the exclusive use and benefit of J.N. for injuries 111 |
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163 | 163 | | and damages sustained. 112 |
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164 | 164 | | Section 3. The amount paid by Hillsborough County pursuant 113 |
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165 | 165 | | to s. 768.28, Florida Statutes, and the amount awarded under 114 |
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166 | 166 | | this act are intended to provide the sole compensation for al l 115 |
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167 | 167 | | present and future claims arising out of the factual situation 116 |
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168 | 168 | | described in this act which resulted in injuries and damages to 117 |
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169 | 169 | | J.N. The total amount paid for attorney fees and costs, lobbying 118 |
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170 | 170 | | fees, and other similar expenses relating to this claim may no t 119 |
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171 | 171 | | exceed 25 percent of the total amount awarded under this act. 120 |
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172 | 172 | | Section 4. This act shall take effect upon becoming a law. 121 |
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