Senate Bill 10 (2024) — Julia Perez by the St

SB 10

Florida Bills

Florida Senate - 2024 (NP) SB 10 By Senator Bradley 6-00088-24 202410__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act for the relief of Julia Perez by the St. Johns 2 County Sheriff’s Office; providing for an 3 appropriation to compensate Julia Perez for personal 4 injuries and damages sustained as a result of the 5 negligence of an employee of the St.

Johns County 6 Sheriff’s Office; providing legislative intent for the 7 waiver of certain lien interests; providing a 8 limitation on compensation and the payment of attorney 9 fees; providing an effective date. 10 11 WHEREAS, at 5:09 p.m. on April 7, 2019, Julia Perez, then 12 51 years of age, and her companion, Tom Eiland, then 59 years of 13 age, were both wearing helmets and lawfully operating separate 14 motorcycles within the posted speed limit, traveling east on 15 State Road 16 in the correct travel lane in unincorporated St. 16 Johns County, and 17 WHEREAS, at the same time, Deputy Brandon Hetzler, then 28 18 years of age, a newly sworn employee of the St.

Johns County 19 Sheriff’s Office (SJSO), acting in the course and scope of his 20 employment, was operating a marked SJSO patrol vehicle and 21 traveling west on State Road 16 in the left turn lane at the 22 intersection of State Road 16 and Harvest Lane, and 23 WHEREAS, the afternoon sky was clear, the road was dry, and 24 there were no obstructions when Deputy Hetzler suddenly entered 25 the intersection of State Road 16 and Harvest Lane and attempted 26 a left turn directly in front of both motorcycles operated by 27 Ms. Perez and Mr. Eiland, and 28 WHEREAS, the front right side of Deputy Hetzler’s vehicle 29

Florida Senate - 2024 (NP) SB 10 6-00088-24 202410__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. collided with the front of Ms. Perez’s motorcycle, ejecting Ms. 30 Perez from her motorcycle, with her making contact with the hood 31 of the patrol car and being propelled over the roof, striking 32 the trunk before she landed on the pavement of State Road 16, 33 and 34 WHEREAS, the front right side of Deputy Hetzler’s vehicle 35 collided with the left side of Mr. Eiland’s motorcycle, ejecting 36 Mr.

Eiland from his motorcycle and onto the pavement, and 37 WHEREAS, the Florida Highway Patrol’s traffic crash 38 investigators conducted an extensive investigation of the 39 accident, which included preparation for a traffic homicide 40 reconstruction due to Ms. Perez’s grave condition, and 41 WHEREAS, witnesses on the scene told investigators that at 42 the time of the crash, the eastbound traffic had a steady green 43 signal and that Ms. Perez and Mr.

Eiland had the right of way, 44 and 45 WHEREAS, the investigation revealed that Deputy Hetzler had 46 overheard a service call and was responding to it, but he did 47 not activate his siren or emergency lights, and 48 WHEREAS, the investigation determined that the actions of 49 Ms. Perez and Mr.

Eiland were reasonable and did not contribute 50 to or cause the collisions, and 51 WHEREAS, the Florida Highway Patrol investigation found 52 Deputy Hetzler to be solely at fault in the accident and issued 53 him a traffic citation for failure to yield to oncoming traffic 54 in violation of s. 316.122, Florida Statutes, and 55 WHEREAS, SJSO policy 61.16 states, “It shall be the 56 responsibility of each employee to operate agency vehicles 57 efficiently, maintain the vehicle, and drive the vehicle in 58

Florida Senate - 2024 (NP) SB 10 6-00088-24 202410__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. observance of all rules of the road in order to reduce the 59 likelihood of traffic crashes or injury,” and 60 WHEREAS, SJSO policy 61.16 also states, “All crashes and 61 incidents involving agency vehicle damage shall be reviewed by 62 the Traffic Crash Review Board within thirty days of the crash,” 63 and 64 WHEREAS, the SJSO Traffic Crash Review Board found Deputy 65 Hetzler to be at fault for causing the crash and injuries, and 66 WHEREAS, Deputy Hetzler’s negligence was the sole cause of 67 the collisions, and 68 WHEREAS, the St.

Johns County Sheriff’s Office admitted 69 negligence for causing the collision and liability for Ms. 70 Perez’s injuries, and 71 WHEREAS, Ms. Perez suffered multiple open and comminuted 72 fractures of the pelvis, arms, and legs, as well as organ 73 lacerations and punctures, including a punctured left lung, 74 resulting in cardiopulmonary arrest due to blood loss, and 75 WHEREAS, Ms. Perez was found unresponsive at the scene of 76 the accident and had to be resuscitated on the street by first 77 responders before St. Johns County Fire Rescue arrived to assume 78 rescue efforts, and 79 WHEREAS, Ms.

Perez was intubated in the field and rushed to 80 the Trauma Center at Memorial Hospital Jacksonville, arriving 81 comatose and undergoing a series of blood transfusions, and 82 WHEREAS, Ms. Perez spent 3 months on a ventilator and 83 feeding tube; battled a pulmonary embolism, a deep vein 84 thrombosis, and episodes of pneumonia; suffered at least one 85 myocardial infarction; and endured multiple systemic infections, 86 and 87

Florida Senate - 2024 (NP) SB 10 6-00088-24 202410__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. WHEREAS, Ms. Perez was unconscious for 3 months and 88 bedridden for 7 months, resulting in two painful pressure sores, 89 and 90 WHEREAS, in July 2019, a nurse reinjured Ms. Perez’s 91 fractured arm while turning her to prevent pressure sores, and 92 WHEREAS, in August 2019, Ms. Perez’s bladder was 93 inadvertently nicked during a surgery to insert a plate into her 94 pelvis, causing internal bleeding and necessitating a repair 95 surgery, and 96 WHEREAS, Ms.

Perez remained hospitalized and was in a 97 nursing home for almost 8 months following the crash, and 98 WHEREAS, being bedridden and immobile have caused Ms. Perez 99 to suffer bowel obstructions, leading to multiple emergency care 100 visits, and 101 WHEREAS, because of blood loss and infection, Ms. Perez has 102 suffered renal tubular necrosis and permanent kidney injury, and 103 WHEREAS, Mr. Eiland has transported Ms.

Perez to 104 Jacksonville three times per week for kidney dialysis because 105 she is in chronic, end-stage kidney failure, meaning she will 106 likely either be placed on a kidney donor list as a transplant 107 candidate or be on dialysis for the rest of her life, and 108 WHEREAS, Ms. Perez suffers from incontinence and, due to 109 her dialysis catheter, is unable to shower or bathe, and instead 110 relies on a process of cleaning herself with wet towelettes, 111 which typically takes an hour or longer to complete, and 112 WHEREAS, Ms.

Perez suffers from substantial pain when 113 trying to accomplish simple tasks of daily living and 114 experiences interrupted sleep on a nightly basis, and 115 WHEREAS, Ms. Perez suffers from chronic migraine headaches 116

Florida Senate - 2024 (NP) SB 10 6-00088-24 202410__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. and severely elevated blood pressure, which has resulted in 117 multiple emergency care visits, and 118 WHEREAS, Ms. Perez has suffered a traumatic brain injury as 119 a result of the crash, causing memory loss, confusion, 120 communication difficulties, fatigue, frustration, and 121 depression, and she is under the treatment of a neurologist, and 122 WHEREAS, Ms.

Perez has undergone dozens of surgeries and is 123 faced with many more, and past medical bills and liens amount to 124 more than $3,863,108.09 for her care and treatment, all due to 125 injuries resulting from the crash, and 126 WHEREAS, the costs of future medical care, treatment, and 127 equipment is estimated to be between $3,318,811.56 and 128 $4,077,923.57 over the course of her 30-year life expectancy, 129 and 130 WHEREAS, Ms.

Perez is totally disabled, and her loss of 131 earning capacity is conservatively estimated to be $282,110, 132 based on her full Social Security retirement age of 67 and a 133 minimum-wage earning capacity, and 134 WHEREAS, Ms. Perez seeks the total sum of $15 million in 135 equitable relief from the Legislature for satisfaction of her 136 injuries and damages, NOW, THEREFORE, 137 138 Be It Enacted by the Legislature of the State of Florida: 139 140

Section 1. The facts stated in the

preamble to this act are 141 found and declared to be true. 142

Section 2. The St. Johns County Sheriff’s Office is 143 authorized and directed to appropriate from funds of the county 144 not otherwise encumbered and to pay Julia Perez $15 million, or 145

Florida Senate - 2024 (NP) SB 10 6-00088-24 202410__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. an alternative amount not to exceed $15 million in the event the 146 parties reach an agreement, to compensate her for the injuries 147 and damages she sustained due to the negligence of an employee 148 of the St. Johns County Sheriff’s Office. 149

Section 3. It is the intent of the Legislature that all 150 lien interests held by the state, if any, resulting from the 151 treatment and care of Julia Perez for the occurrences described 152 in this act are waived. 153

Section 4. The amount awarded under this act is intended to 154 provide the sole compensation for all present and future claims 155 arising out of the factual situation described in this act which 156 resulted in injuries and damages to Julia Perez. The total 157 amount paid for attorney fees relating to this claim may not 158 exceed 25 percent of the total amount awarded under this act. 159

Section 5. This act shall take effect upon becoming a law. 160

Document details

Collection	Florida Bills
Citation	SB 10
Type	bill
Language	en
Format	pdf
Source	FL_SENATE
Identifier	447be2b9a6b0701aeeb22bec917dd79bc83542f6

Source file is stored in the law ingest library (pdf).