HB 1347

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

CODING: Words stricken are deletions; words underlined are additions.