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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0050 Detail]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