summary
Introduced
08/04/2023
08/04/2023
In Committee
10/10/2023
10/10/2023
Crossed Over
Passed
Dead
03/08/2024
03/08/2024
Introduced Session
2024 Regular Session
Bill Summary
An act for the relief of Julia Perez by the St. Johns County Sheriff’s Office; providing for an appropriation to compensate Julia Perez for personal injuries and damages sustained as a result of the negligence of an employee of the St. Johns County Sheriff’s Office; providing legislative intent for the waiver of certain lien interests; providing a limitation on compensation and the payment of attorney fees; providing an effective date. WHEREAS, at 5:09 p.m. on April 7, 2019, Julia Perez was wearing a helmet and lawfully operating a motorcycle within the posted speed limit, traveling east on State Road 16 in the correct travel lane in unincorporated St. Johns County, and WHEREAS, at the same time, an employee of the St. Johns County Sheriff’s Office (SJSO), acting in the course and scope of his employment, was operating a marked SJSO patrol vehicle, and traveling west on State Road 16, and WHEREAS, the SJSO employee negligently entered the intersection of State Road 16 and Harvest Lane and attempted a left turn directly in front of the motorcycle operated by Ms. Perez, and WHEREAS, Ms. Perez’s motorcycle struck the right side of the SJSO vehicle, causing her to eject from her motorcycle and impact the hood of the patrol car before she came to rest on the pavement of State Road 16, and WHEREAS, the Florida Highway Patrol’s traffic crash investigators conducted an extensive crash investigation of the accident, including preparation for a traffic homicide reconstruction due to Ms. Perez’s grave condition, and WHEREAS, witnesses on the scene told investigators that, at the time of the crash, eastbound traffic had a steady green signal, giving Ms. Perez the right of way, and WHEREAS, the investigation determined that the actions of Ms. Perez were reasonable and did not contribute to or cause the collision, and WHEREAS, the Florida Highway Patrol investigation found the SJSO employee to be solely at fault for causing the accident and issued him a traffic citation for failure to yield to oncoming traffic in violation of s. 316.122, Florida Statutes, to which he pled no contest, and WHEREAS, the St. Johns County Sheriff’s Office has admitted its employee was negligent in causing the collision and liable for Ms. Perez’s injuries, and WHEREAS, Ms. Perez suffered catastrophic injuries, was intubated and resuscitated at the crash site by local emergency medical services, and was rushed to the Trauma Center at Memorial Hospital Jacksonville, where she arrived comatose and had to undergo a series of blood transfusions, and WHEREAS, Ms. Perez suffered multiple open and comminuted fractures of the pelvis, arms, and legs, as well as organ lacerations and punctures, including a punctured left lung, resulting in cardiopulmonary arrest due to blood loss, and numerous complications, including a pulmonary embolism, deep vein thrombosis, and episodes of pneumonia; suffered at least one myocardial infarction; and endured multiple systemic infections, bowel obstructions, a fractured arm, and a nicked artery, and WHEREAS, Ms. Perez remained hospitalized and was in a nursing home for almost 8 months following the crash, and WHEREAS, because of blood loss and infection, Ms. Perez suffered renal tubular necrosis and a kidney injury, which necessitated her to receive kidney dialysis for many months and made it possible that she will need further kidney treatment in the future, and WHEREAS, Ms. Perez suffers from substantial pain when trying to accomplish simple tasks of daily living and experiences interrupted sleep on a nightly basis, chronic migraine headaches, and severe elevated blood pressure, and WHEREAS, Ms. Perez suffers from memory loss, confusion, communication difficulties, fatigue, frustration, and depression, and she is under the treatment of a neurologist, and WHEREAS, Ms. Perez has undergone dozens of surgeries and faces many more, and WHEREAS, Ms. Perez’s past medical bills attributable to the crash and related liens amount to more than $3,863,108.09, and WHEREAS, the costs of Ms. Perez’s future medical care and related expenses are estimated to be as much as $4,077,923.57 over the course of Ms. Perez’s life, and WHEREAS, Ms. Perez has been declared to be totally and permanently disabled by her physicians, and her loss of earning capacity is estimated to be $282,110, based on her full Social Security retirement age of 67 and a minimum-wage earning capacity, and WHEREAS, a lawsuit was filed on behalf of Ms. Perez and was set for trial in the Circuit Court of the Seventh Judicial Circuit, in and for St. Johns County, Florida, styled Julia Perez vs. Robert A. Hardwick, in his capacity as Sheriff of St. Johns County, Case No.: 2020-CA-387; however, the parties agreed to a settlement amount of $6.5 million before trial, and WHEREAS, Ms. Perez has been paid the statutory limit of $200,000 by the St. Johns County Sheriff’s Office’s self insuring risk pool, leaving a balance of $6.3 million which the St. Johns County Sheriff’s Office is willing to pay upon being authorized to do so by the enactment of a claim bill pursuant to s. 768.28, Florida Statutes, and WHEREAS, the parties agree to support a claim bill that authorizes and directs the St. Johns County Sheriff’s Office to appropriate from funds of the county and pay Julia Perez $6.3 million, and WHEREAS, Ms. Perez seeks the total sum of $6.3 million in relief from the Legislature for satisfaction of her injuries and damages, NOW, THEREFORE,
Committee Categories
Justice
Sponsors (1)
Other Sponsors (1)
Judiciary (S)
Last Action
Laid on Table, refer to CS/HB 6007 (on 03/01/2024)
Official Document
bill text
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