Florida Senate - 2026                              (NP)    SB 16
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-00065A-26                                            202616__
    1                        A bill to be entitled                      
    2         An act for the relief of Heriberto A. Sanchez-Mayen by
    3         the City of St. Petersburg; providing for an
    4         appropriation to compensate Mr. Sanchez-Mayen for
    5         injuries sustained as a result of the negligence of
    6         the City of St. Petersburg; providing a limitation on
    7         compensation and the payment of attorney fees;
    8         providing an effective date.
    9  
   10         WHEREAS, on June 8, 2023, Heriberto A. Sanchez-Mayen, a
   11  resident of St. Petersburg, Florida, was found asleep on a piece
   12  of cardboard just after 10 a.m. in a daytime-only designated
   13  park by a St. Petersburg police officer, and
   14         WHEREAS, although Mr. Sanchez-Mayen was lawfully present on
   15  the property at this time of day, a St. Petersburg police
   16  officer arrested him for trespassing and called the prisoner
   17  transport van, and
   18         WHEREAS, the transport officer handcuffed Mr. Sanchez-Mayen
   19  and attached a metal belly chain, which restricted the use of
   20  his arms, and placed him unsecured, without a seatbelt or other
   21  stationary tethering, on a metal bench in the back of a metal
   22  transport van, and
   23         WHEREAS, while en route to the Pinellas County Jail, the
   24  transport officer, who had not engaged the van’s interior video
   25  camera showing Mr. Sanchez-Mayen, stopped short for a red light,
   26  causing Mr. Sanchez-Mayen, who had no ability to brace or
   27  protect himself because he was restrained, to be thrown head
   28  first from the back of the van into the bulkhead, where he laid
   29  motionless. This was ultimately captured on the van’s interior
   30  video camera, and
   31         WHEREAS, instead of immediately seeking medical treatment
   32  for Mr. Sanchez-Mayen, the transport officer continued to drive
   33  to the jail where, upon arrival, Mr. Sanchez-Mayen was still
   34  motionless and unresponsive on the metal floor of the van, and
   35         WHEREAS, the transport officer proceeded to remove Mr.
   36  Sanchez-Mayen’s body from the van by dragging him by his feet,
   37  causing his head to strike the rear bumper, the rear door, and
   38  the cement floor, and
   39         WHEREAS, Mr. Sanchez-Mayen was taken to a local hospital
   40  for approximately 12 hours before being transported to Tampa
   41  General Hospital, where doctors determined that Mr. Sanchez
   42  Mayen had sustained catastrophic injuries, including a closed
   43  displaced fracture of the third cervical vertebra, a closed
   44  odontoid fracture, dissection of the descending thoracic aorta,
   45  and spinal cord compression, which ultimately led to amputation
   46  of both of his legs above the knees, rendering him an incomplete
   47  quadriplegic, and
   48         WHEREAS, as a result of the injuries sustained during
   49  transport, Mr. Sanchez-Mayen requires supervised medical care,
   50  home health care, and other services and support for the rest of
   51  his life, and
   52         WHEREAS, on March 18, 2024, Mr. Sanchez-Mayen brought suit
   53  against the City of St. Petersburg and two individual St.
   54  Petersburg police officers in the United States District Court
   55  for the Middle District of Florida, Tampa Division, under case
   56  number 8:24-CV—00690-WFJ-TGW, and
   57         WHEREAS, on March 12, 2025, Mr. Sanchez-Mayen and the City
   58  of St. Petersburg entered into a settlement agreement for $2.5
   59  million, and
   60         WHEREAS, in accordance with s. 768.28, Florida Statutes,
   61  the City of St. Petersburg paid $200,000 to the trust account of
   62  Mr. Sanchez-Mayen’s lawyer, and
   63         WHEREAS, Mr. Sanchez-Mayen remains liable for both Florida
   64  and Pennsylvania Medicaid liens, and
   65         WHEREAS, the settlement agreement provides for the entry of
   66  a consent judgment for the remaining amount of $2.3 million and
   67  cooperation by the City of St. Petersburg in not opposing this
   68  claim bill, 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 City of St. Petersburg is directed to draw a
   75  warrant in the sum of $2.3 million payable to Heriberto A.
   76  Sanchez-Mayen as compensation for injuries and damages
   77  sustained.
   78         Section 3. The amount paid by the City of St. Petersburg
   79  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   80  under this act are intended to provide the sole compensation for
   81  all present and future claims arising out of the factual
   82  situation described in this act which resulted in injuries and
   83  damages to Heriberto A. Sanchez-Mayen. The total amount paid for
   84  attorney fees relating to this claim may not exceed 25 percent
   85  of the total amount awarded under this act.
   86         Section 4. This act shall take effect upon becoming a law.