Florida Senate - 2026                            (NP)    SB 1094
       
       
        
       By Senator Massullo
       
       
       
       
       
       11-01794-26                                           20261094__
    1                        A bill to be entitled                      
    2         An act for the relief of Sean Hurley by the Orange
    3         County Sheriff’s Office; providing for an
    4         appropriation to compensate Mr. Hurley for injuries
    5         sustained as a result of the negligence of the Orange
    6         County Sheriff’s Office; providing a limitation on the
    7         payment of compensation and attorney fees; providing
    8         an effective date.
    9  
   10         WHEREAS, at approximately 6:00 p.m. on November 15, 2019,
   11  Sean Hurley, a 26-year-old resident of Seminole County, Florida,
   12  was driving his 2018 Yamaha MT-07 motorcycle traveling westbound
   13  on Red Bug Lake Road at or near the intersection of Hollow Pine
   14  Drive, in Oviedo, Seminole County, Florida, and
   15         WHEREAS, Red Bug Lake Road is a street with three lanes in
   16  each direction, and
   17         WHEREAS, Orange County Deputy Sheriff Nicholas Orrizzi was
   18  leaving his home to work a night shift and driving a marked 2019
   19  Ford Explorer belonging to the Orange County Sheriff’s Office
   20  when he pulled out onto Red Bug Lake Road into the path of Mr.
   21  Hurley’s motorcycle, striking Mr. Hurley in the lower extremity
   22  and throwing him into the grassy median, and
   23         WHEREAS, the collision was recorded on Deputy Orrizzi’s
   24  dashcam, showing that it was necessary for Mr. Hurley to speed
   25  up just before the impact to try to avoid a collision, and
   26         WHEREAS, the investigating Florida Highway Patrol officer
   27  who arrived at the scene determined that Deputy Orrizzi violated
   28  Mr. Hurley’s right-of-way when Deputy Orrizzi pulled out into
   29  the path of Mr. Hurley’s motorcycle, and
   30         WHEREAS, as a result of the collision, Mr. Hurley was
   31  rushed to the hospital by first responders and suffered
   32  significant catastrophic compound injuries to his lower
   33  extremities which required eight extensive surgeries, and
   34         WHEREAS, Mr. Hurley sustained hip, leg, and foot injuries,
   35  including broken legs, dislocated knees, a pelvic fracture, and
   36  toe fractures, requiring a mechanical knee joint replacement in
   37  his right knee, hardware installed for his pelvic fracture, the
   38  fusing of his shattered ankle, and reconstruction of his left
   39  knee due to the loss of two ligaments, his ACL and MCL, and
   40         WHEREAS, because one of Mr. Hurley’s legs is now shorter
   41  than the other, he requires specialized footwear to walk, and
   42  his long-term prognosis is intensive medical treatment and
   43  monitoring for the rest of his life, and
   44         WHEREAS, in June 2023, a jury in Orange County found that
   45  Deputy Orrizzi was 100 percent negligent in causing the
   46  collision and awarded $20,839,757 in damages against the Orange
   47  County Sheriff’s Office, which award was reduced post-trial
   48  pursuant to s. 768.76(1), Florida Statutes, due to collateral
   49  sources paid toward Mr. Hurley’s past medical expenses for
   50  injuries Mr. Hurley sustained as a result of Deputy Orrizzi’s
   51  negligence, including $8 million for past noneconomic damages
   52  and $10 million for future noneconomic damages for his pain and
   53  suffering, and
   54         WHEREAS, the jury found that Mr. Hurley incurred
   55  $1,714,757.61 in medical expenses relating to the surgeries and
   56  treatments for his lower body injuries, and will incur $1.125
   57  million in future medical expenses over the next 47 years of his
   58  expected life, NOW, THEREFORE,
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. The facts stated in the preamble to this act are
   63  found and declared to be true.
   64         Section 2. The Orange County Sheriff’s Office is authorized
   65  and directed to appropriate from funds of the county not
   66  otherwise appropriated or encumbered and to draw a warrant in
   67  the sum of $20,721,629.23 plus interest payable to Sean Hurley
   68  as compensation for injuries and damages sustained due to the
   69  negligence of the Orange County Sheriff’s Office.
   70         Section 3. The amount paid by the Orange County Sheriff’s
   71  Office pursuant to s. 768.28, Florida Statutes, and the amount
   72  awarded under this act are intended to provide the sole
   73  compensation for all present and future claims arising out of
   74  the factual situation described in this act which resulted in
   75  injuries and damages to Sean Hurley. The total amount paid for
   76  attorney fees relating to this claim may not exceed 25 percent
   77  of the total amount awarded under this act.
   78         Section 4. This act shall take effect upon becoming a law.