Bill Text: FL S0050 | 2011 | Regular Session | Introduced


Bill Title: Relief/Wohlgemuth/Pasco County Sheriff's Office

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0050 Detail]

Download: Florida-2011-S0050-Introduced.html
       Florida Senate - 2011                              (NP)    SB 50
       
       
       
       By Senator Smith
       
       
       
       
       29-00058-11                                             201150__
    1                        A bill to be entitled                      
    2         An act for the relief of Jennifer Wohlgemuth by the
    3         Pasco County Sheriff’s Office; providing for an
    4         appropriation to compensate Jennifer Wohlgemuth whose
    5         injuries were due to the negligence of the Pasco
    6         County Sheriff’s Office; providing a limitation on the
    7         payment of fees and costs; providing an effective
    8         date.
    9  
   10         WHEREAS, in the early morning of January 3, 2005, 21-year
   11  old Jennifer Wohlgemuth was driving her vehicle southbound on
   12  Regency Park Boulevard in Pasco County, observing the speed
   13  limit, and driving appropriately, and
   14         WHEREAS, as Jennifer approached the intersection at Ridge
   15  Road, she slowed down as she entered the intersection on a green
   16  light. As Jennifer’s vehicle proceeded through the intersection,
   17  it was suddenly and violently struck by a vehicle from the Pasco
   18  County Sheriff’s Office which was driven by Deputy Kenneth
   19  Petrillo, and
   20         WHEREAS, Deputy Petrillo was driving the fourth law
   21  enforcement vehicle engaged in a high-speed pursuit. However,
   22  Deputy Petrillo’s vehicle was well behind the other vehicles
   23  that had cleared the intersection. Without his siren or flashing
   24  lights activated, he drove through a red light as he traveled
   25  eastbound on Ridge Road at a speed greater than 20 miles per
   26  hour in excess of the posted speed limit and struck the
   27  passenger side of Jennifer’s vehicle, and
   28         WHEREAS, none of the numerous witnesses to the crash heard
   29  Deputy Petrillo’s siren or saw flashing lights, and after the
   30  crash, Deputy Petrillo’s siren switch was in the radio mode,
   31  which indicated it was not activated, and
   32         WHEREAS, an internal affairs investigation into the
   33  accident found that Deputy Petrillo violated the policies of the
   34  Pasco County Sheriff’s Office, and he was suspended for 30 days
   35  without pay and subjected to other disciplinary measures, and
   36         WHEREAS, Jennifer suffered profound brain injuries,
   37  including a subdural hematoma of the right frontal lobe and
   38  subarachnoid hemorrhage. Due to her brain swelling, part of
   39  Jennifer’s skull was removed. Jennifer was in a coma for 3 weeks
   40  and could not speak for several months thereafter, and
   41         WHEREAS, Jennifer was unable to return home until August,
   42  2005. As a result of the accident, she currently suffers from
   43  severe memory loss, partial loss of vision, lack of balance,
   44  urinary problems, anxiety, depression, dysarthric speech, acne,
   45  and weight fluctuations. Due to damage to her frontal lobe,
   46  Jennifer’s behavior and impulse control are similar to those of
   47  a 7-year-old child. She requires supervision 24 hours a day, 7
   48  days a week. Because of her significant memory impairment and
   49  lack of judgment, Jennifer is unable to drive, work at a job, or
   50  live independently, and
   51         WHEREAS, a 3-day bench trial was held in the Sixth Judicial
   52  Circuit, and on March 12, 2009, the trial court rendered its
   53  verdict in Jennifer’s favor, awarding total damages of
   54  $9,141,267.32, and
   55         WHEREAS, the court found that Deputy Petrillo was 95
   56  percent responsible for Jennifer’s injuries and that Jennifer
   57  was responsible for the remaining 5 percent due to her alleged
   58  failure to wear a seat belt. On August 4, 2009, the trial court
   59  entered its amended final judgment in the amount of
   60  $8,724,754.40, and
   61         WHEREAS, the Pasco County Sheriff’s Office appealed the
   62  amended final judgment to the Second District Court of Appeal.
   63  Both sides filed appellate briefs, and oral arguments were heard
   64  on March 2, 2010. On March 10, 2010, the Second District Court
   65  of Appeal affirmed the trial court’s final judgment, and
   66         WHEREAS, according to s. 768.28, Florida Statutes, the
   67  Pasco County Sheriff’s Office paid the statutory limit of
   68  $100,000, and $8,624,754.40 remains unpaid, NOW, THEREFORE,
   69  
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. The facts stated in the preamble to this act are
   73  found and declared to be true.
   74         Section 2. The Pasco County Sheriff’s Office is authorized
   75  and directed to appropriate from funds of the sheriff’s office
   76  not otherwise appropriated and to draw a warrant, payable to
   77  Jennifer Wohlgemuth, for the amount of $8,624,754.40 for
   78  injuries and damages sustained due to the negligence of an
   79  employee of the sheriff’s office.
   80         Section 3. The amount paid by the Pasco County Sheriff’s
   81  Office pursuant to s. 768.28, Florida Statutes, and the amount
   82  awarded under this act are intended to provide the sole
   83  compensation for all present and future claims arising out of
   84  the factual situation described in this act which resulted in
   85  the injuries to Jennifer Wohlgemuth. The total amount paid for
   86  attorney’s fees, lobbying fees, costs, and other similar
   87  expenses relating to this claim may not exceed 25 percent of the
   88  amount awarded under this act.
   89         Section 4. This act shall take effect upon becoming a law.

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