Bill Text: FL S0068 | 2022 | Regular Session | Introduced
Bill Title: Relief of Julia Perez by the St. Johns County Sheriff's Office
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Special Master on Claim Bills [S0068 Detail]
Download: Florida-2022-S0068-Introduced.html
Florida Senate - 2022 (NP) SB 68
By Senator Polsky
29-00197-22 202268__
1 A bill to be entitled
2 An act for the relief of Julia Perez by the St. Johns
3 County Sheriff’s Office; providing for compensation to
4 Julia Perez for personal injuries and damages she
5 suffered as a result of the negligence of an employee
6 of the St. Johns County Sheriff’s Office; providing
7 legislative intent for the waiver of certain liens;
8 providing a limitation on compensation and the payment
9 of attorney fees; providing an effective date.
10
11 WHEREAS, on April 7, 2019, Julia Perez, age 51, and Tom
12 Eiland, age 59, were both helmeted and lawfully operating
13 separate motorcycles within the posted speed limit traveling
14 eastbound in the correct travel lane on State Road 16 in
15 unincorporated St. Johns County, and
16 WHEREAS, at the same time, Deputy Brandon Hetzler, age 28,
17 a newly sworn employee of the St. Johns County Sheriff’s Office
18 (SJSO), acting in the course and scope of his employment, was
19 operating a marked SJSO patrol vehicle and traveling westbound
20 in the left turn lane on State Road 16 at the intersection of
21 Harvest Lane, and
22 WHEREAS, at approximately 5:09 p.m., the sky was clear, the
23 road was dry, and it was daylight when Deputy Hetzler suddenly
24 entered the intersection of State Road 16 and Harvest Lane and
25 attempted a left turn directly in front of both motorcycles, and
26 WHEREAS, the right front side of Deputy Hetzler’s vehicle
27 collided with the front of Ms. Perez’s motorcycle, causing her
28 to be ejected from her motorcycle, after which she made contact
29 with the hood of the patrol car and was propelled over the roof,
30 striking the trunk before landing on the pavement of State Road
31 16, and
32 WHEREAS, the right front side of Deputy Hetzler’s vehicle
33 collided with the left side of Mr. Eiland’s motorcycle, ejecting
34 Mr. Eiland from his motorcycle and onto the pavement, and
35 WHEREAS, traffic crash investigators for the Florida
36 Highway Patrol conducted an extensive investigation into the
37 accident, which included preparation for a traffic homicide
38 reconstruction due to Ms. Perez’s grave condition, and
39 WHEREAS, witnesses on the scene told investigators that at
40 the time of the crash the eastbound traffic had a steady green
41 signal and that Ms. Perez and Mr. Eiland had the right of way,
42 and
43 WHEREAS, the investigation revealed that Deputy Hetzler had
44 just overheard a service call and was responding to it; however,
45 he did not activate his siren or emergency lights, and
46 WHEREAS, the investigation determined that the actions of
47 Ms. Perez and Mr. Eiland were not contributing factors in the
48 collisions, and
49 WHEREAS, the Florida Highway Patrol investigation found
50 Deputy Hetzler to be at fault in the accident and issued him a
51 traffic citation for failure to yield to oncoming traffic in
52 violation of s. 316.122, Florida Statutes, and
53 WHEREAS, SJSO Policy 61.16 states, “It shall be the
54 responsibility of each employee to operate agency vehicles
55 efficiently, maintain the vehicle, and drive the vehicle in
56 observance of all rules of the road in order to reduce the
57 likelihood of traffic crashes or injury,” and
58 WHEREAS, SJSO Policy 61.16 also states, “All crashes and
59 incidents involving agency vehicle damage shall be reviewed by
60 the Traffic Crash Review Board within thirty days of the crash,”
61 and
62 WHEREAS, the SJSO Traffic Crash Review Board found Deputy
63 Hetzler to be at fault for causing the crash and injuries, and
64 WHEREAS, Deputy Hetzler’s negligence was the sole cause of
65 the collision, and
66 WHEREAS, Ms. Perez suffered multiple open and comminuted
67 fractures of the pelvis, arms, and legs, as well as organ
68 lacerations and punctures, including a punctured left lung,
69 resulting in cardiopulmonary arrest due to loss of blood, and
70 WHEREAS, Ms. Perez was found unresponsive at the scene of
71 the accident and had to be resuscitated on the street by first
72 responders before St. Johns County Fire Rescue arrived to assume
73 rescue efforts, and
74 WHEREAS, Ms. Perez was intubated in the field and rushed to
75 the Trauma Center at Memorial Hospital Jacksonville, arriving
76 comatose and undergoing a series of blood transfusions, and
77 WHEREAS, Ms. Perez spent 3 months on a ventilator and
78 feeding tube, battled pulmonary embolism, deep vein thrombosis,
79 and episodes of pneumonia, suffered at least one myocardial
80 infarction, and endured multiple systemic infections, and
81 WHEREAS, Ms. Perez was unconscious for 3 months and
82 bedridden for 7 months, resulting in two painful bed sores, and
83 WHEREAS, in July of 2019, while turning Ms. Perez to
84 prevent pressure sores, a nurse re-injured her fractured arm,
85 and
86 WHEREAS, in August of 2019, Ms. Perez’s bladder was
87 inadvertently nicked during a surgery to insert a plate into her
88 pelvis, causing internal bleeding and necessitating a repair
89 surgery, and
90 WHEREAS, Ms. Perez remained hospitalized and in a nursing
91 home for almost 8 months following the crash, and
92 WHEREAS, being bedridden and immobile has caused bowel
93 obstructions leading to multiple emergency room visits, and
94 WHEREAS, because of blood loss and infection, Ms. Perez has
95 suffered renal tubular necrosis and permanent kidney failure,
96 and
97 WHEREAS, Mr. Eiland transports Ms. Perez to Jacksonville
98 three times per week for kidney dialysis because she is in
99 chronic, end-stage kidney failure, meaning she will either go on
100 a kidney donor list as a candidate for transplant or remain on
101 dialysis for the rest of her life, and
102 WHEREAS, Ms. Perez suffers from incontinence and, due to
103 her dialysis catheter, she is unable to shower or bathe, relying
104 instead on a process of cleaning herself with wet towelettes
105 which typically takes an hour or more to complete, and
106 WHEREAS, Ms. Perez suffers substantial bodily pain when
107 trying to accomplish simple tasks of daily living and
108 experiences interrupted sleep on a nightly basis, and
109 WHEREAS, Ms. Perez suffers from chronic migraine headaches
110 and severe elevated blood pressure, which has resulted in
111 multiple emergency care visits, and
112 WHEREAS, Ms. Perez has symptoms of traumatic head injury,
113 including memory loss, confusion, communication difficulties,
114 fatigue, frustration, and depression, and is under the treatment
115 of a neurologist, and
116 WHEREAS, Ms. Perez has undergone dozens of surgeries and is
117 faced with countless more, and past medical bills amount to more
118 than $4 million for her care and treatment due to injuries
119 resulting from the crash, and
120 WHEREAS, the cost of future medical care, treatment, and
121 equipment needs is estimated to be $6 million over the course of
122 her life expectancy, and
123 WHEREAS, Ms. Perez’s health insurance was recently switched
124 from Cigna to Blue Cross, which requires a copay of 40 percent,
125 and
126 WHEREAS, Ms. Perez seeks the total sum of $15 million in
127 equitable relief from the Legislature for the satisfaction of
128 her injuries and damages, NOW, THEREFORE,
129
130 Be It Enacted by the Legislature of the State of Florida:
131
132 Section 1. The facts stated in the preamble to this act are
133 found and declared to be true.
134 Section 2. The St. Johns County Sheriff’s Office is
135 authorized and directed to appropriate from funds not otherwise
136 encumbered and to pay Julia Perez an initial lump sum of $5
137 million. For 5 years following the initial lump sum payment, the
138 St. Johns County Sherriff’s Office shall annually pay Julia
139 Perez $2 million, for a total payment of $15 million as
140 compensation for the injuries and damages sustained by Julia
141 Perez due to the negligence of an employee of the St. Johns
142 County Sheriff’s Office.
143 Section 3. It is the intent of the Legislature that all
144 lien interests held by the state, if any, resulting from the
145 treatment and care of Julia Perez for the occurrences described
146 in this act are waived.
147 Section 4. The amount awarded under this act is intended to
148 provide the sole compensation for all present and future claims
149 arising out of the factual situation described in the preamble
150 to this act. The total amount paid for attorney fees relating to
151 this claim may not exceed 25 percent of the amount awarded under
152 this act.
153 Section 5. This act shall take effect upon becoming a law.
