Florida Senate - 2014                              (NP)    SB 22
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00105-14                                              201422__
    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 an employee of
    6         the Pasco County Sheriff’s Office; providing a
    7         limitation on the payment of fees and costs; providing
    8         an effective date.
    9  
   10         WHEREAS, in the early morning of January 3, 2005, Deputy
   11  Kenneth Petrillo was driving one of four law enforcement
   12  vehicles engaged in a high-speed pursuit, and
   13         WHEREAS, Deputy Petrillo’s vehicle was well behind the
   14  other vehicles, which had already cleared the intersection of
   15  Ridge Road and Regency Park Boulevard in Pasco County, and
   16         WHEREAS, Deputy Petrillo, who did not activate his
   17  vehicle’s siren or flashing lights, sped through the
   18  intersection on a red light at a speed of more than 20 miles per
   19  hour faster than the posted speed limit while traveling
   20  eastbound on Ridge Road, and
   21         WHEREAS, Deputy Petrillo’s vehicle violently struck the
   22  passenger side of Jennifer Wohlgemuth’s vehicle as she entered
   23  the intersection on a green light while observing the speed
   24  limit, driving appropriately, and traveling southbound on
   25  Regency Park Boulevard, and
   26         WHEREAS, none of the numerous witnesses to the crash heard
   27  Deputy Petrillo’s siren or saw flashing lights, and after the
   28  crash Deputy Petrillo’s siren switch was in the radio mode,
   29  which indicates that the siren was not activated at the time of
   30  the crash, and
   31         WHEREAS, an internal affairs investigation into the
   32  accident found that Deputy Petrillo violated the policies of the
   33  Pasco County Sheriff’s Office, and he was suspended for 30 days
   34  without pay and subjected to other disciplinary measures, and
   35         WHEREAS, as a result of the accident, 21-year-old Jennifer
   36  Wohlgemuth was in a coma for 3 weeks, was unable to speak for
   37  several months thereafter, and did not return home until August
   38  2005, and
   39         WHEREAS, Jennifer Wohlgemuth also suffered profound brain
   40  injuries, including a subdural hematoma of the right frontal
   41  lobe and subarachnoid hemorrhage that resulted in removal of a
   42  portion of her skull, and
   43         WHEREAS, due to the damage to her frontal lobe, Jennifer
   44  Wohlgemuth’s behavior and impulse control are similar to those
   45  of a 7-year-old child and require that she be supervised 24
   46  hours a day, 7 days a week, and
   47         WHEREAS, Jennifer Wohlgemuth currently suffers from severe
   48  memory loss, partial loss of vision, lack of balance, urinary
   49  problems, anxiety, depression, dysarthric speech, acne, and
   50  weight fluctuations, and
   51         WHEREAS, as a result of her significant memory impairment
   52  and lack of judgment, Jennifer Wohlgemuth is unable to drive,
   53  work at a job, or live independently, and
   54         WHEREAS, a 3-day bench trial was held in the Sixth Judicial
   55  Circuit, and on March 12, 2009, the trial court rendered a
   56  verdict in Jennifer Wohlgemuth’s favor, awarding total damages
   57  of $9,141,267.32, and
   58         WHEREAS, the court found that Deputy Petrillo was 95
   59  percent responsible for Jennifer Wohlgemuth’s injuries and that
   60  Jennifer was responsible for the remaining 5 percent due to her
   61  alleged failure to wear a seat belt, and
   62         WHEREAS, on August 4, 2009, the trial court entered its
   63  amended final judgment in the amount of $8,724,754.40, and
   64         WHEREAS, the Pasco County Sheriff’s Office appealed the
   65  amended final judgment to the Second District Court of Appeal,
   66  and the appellate court affirmed the trial court’s final
   67  judgment on March 10, 2010, and
   68         WHEREAS, according to s. 768.28, Florida Statutes, the
   69  Pasco County Sheriff’s Office paid the statutory limit of
   70  $100,000, and $8,624,754.40 remains unpaid, NOW, THEREFORE,
   71  
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. The facts stated in the preamble to this act are
   75  found and declared to be true.
   76         Section 2. The Pasco County Sheriff’s Office is authorized
   77  and directed to appropriate from funds of the sheriff’s office
   78  not otherwise appropriated and to draw a warrant, payable to
   79  Jennifer Wohlgemuth, for the amount of $8,624,754.40 for
   80  injuries and damages sustained due to the negligence of an
   81  employee of the sheriff’s office.
   82         Section 3. The amount paid by the Pasco County Sheriff’s
   83  Office pursuant to s. 768.28, Florida Statutes, and the amount
   84  awarded under this act are intended to provide the sole
   85  compensation for all present and future claims arising out of
   86  the factual situation described in this act which resulted in
   87  the injuries to Jennifer Wohlgemuth. The total amount paid for
   88  attorney fees, lobbying fees, costs, and other similar expenses
   89  relating to this claim may not exceed 25 percent of the amount
   90  awarded under this act.
   91         Section 4. This act shall take effect upon becoming a law.