Florida Senate - 2025 (NP) SB 20 By Senator Burgess 23-00079-25 202520__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act for the relief of J.N., a minor, by 2 Hillsborough County; providing an appropriation to 3 Stephany Grullon, as parent and guardian of J.N., to 4 compensate J.N. for injuries and damages she sustained 5 as a result of the negligence of Hillsborough County 6 in maintaining sidewalks and culvert systems; 7 providing a limitation on compensation and the payment 8 of certain fees and costs; providing an effective 9 date. 10 11 WHEREAS, on the afternoon of June 7, 2019, J.N., then 11 12 years of age, was riding her bicycle, accompanied by her 13 mother’s fiancé, Gabriel Soto, on a sidewalk located along the 14 east side of East Bay Road and adjacent to the East Bay Lakes 15 subdivision in Gibsonton, and 16 WHEREAS, the sidewalk is owned and maintained by 17 Hillsborough County, and 18 WHEREAS, J.N. was wearing her helmet while riding her 19 bicycle when her bicycle wheel hit an uneven area of the 20 concrete slab sidewalk, causing her to lose control of her 21 bicycle and tumble down a steep slope next to the sidewalk, and 22 WHEREAS, J.N. careened face forward over the bicycle’s 23 handlebars into a concrete and corrugated metal drainage culvert 24 pipe and lacerated portions of her gums, fractured her jaw, and 25 avulsed multiple adult teeth, and 26 WHEREAS, J.N. was rushed to the emergency room at St. 27 Joseph’s Hospital, where she underwent a CT scan that revealed 28 fractures of the nasal bone, the maxilla, and the superior 29

Florida Senate - 2025 (NP) SB 20 23-00079-25 202520__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. alveolus, and 30 WHEREAS, the severity of her injuries required plastic 31 surgery intervention, and on June 8, 2019, J.N. underwent a 32 surgical procedure consisting of exploration and removal of the 33 gingiva impacted into her nasal structures and into the upper 34 maxilla, repair of the midline laceration of her upper lip, and 35 repair of her gingiva and lower lip vermilion, and 36 WHEREAS, on June 14, 2019, J.N. underwent a second surgery 37 consisting of a closed reduction of her nasal fracture, and 38 WHEREAS, on February 20, 2021, J.N. was seen by Pediatric 39 Epilepsy and Neurology Specialists due to headaches that she 40 experienced as frequently as once or twice a week and which had 41 first started shortly after the accident, and 42 WHEREAS, on March 16, 2022, J.N. was seen by an oral 43 surgeon at the Moffett Oral Surgery and Dental Implant Center, 44 during which time she was informed that she would need a bone 45 graft and eventually an implant, and 46 WHEREAS, J.N. has to wait for her bones to finish growing 47 before Dr.

Moffett can proceed with the bone graft, which he 48 expects will be when J.N. is 16 or 17 years old, and 49 WHEREAS, after J.N. heals from her bone graft, Moffett Oral 50 Surgery and Dental Implant Center will then begin the process 51 for implants and, eventually, crowns, and 52 WHEREAS, along with the medical treatment and bills 53 associated with this injury, J.N. has suffered intangible and 54 emotional losses, has experienced an extreme loss of self-55 esteem, and struggles socially with her peers, and 56 WHEREAS, Hillsborough County was on notice that the same 57

section of sidewalk where J.N. had her accident was in need of 58

Florida Senate - 2025 (NP) SB 20 23-00079-25 202520__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. repair and replacement as early as October 7, 2015, as evidenced 59 by the filing of a work request order, and 60 WHEREAS, in 2016, Juan Olivero Lopez, a Hillsborough County 61 maintenance supervisor responsible for sidewalk maintenance, 62 stated that he was directed by the county to inspect the 63 sidewalk, and 64 WHEREAS, Juan Olivero Lopez further stated that, in 65 response to the work request order, the South Service Unit 66 performed a physical inspection of the sidewalk before the date 67 of the accident, but that repairs to make the sidewalk safe were 68 never performed, and 69 WHEREAS, the drainage ditch and culvert system located next 70 to the sidewalk were also in need of maintenance and repair, as 71 evidenced by the extensive deterioration of the concrete and 72 corrugated metal drainage culvert pipe, which had become jagged 73 and rusted, and 74 WHEREAS, Hillsborough County employee William Cox, a civil 75 engineer responsible for drainage culvert replacement and 76 planning, stated that he was not responsible for the maintenance 77 of the culvert, and 78 WHEREAS, Juan Olivero Lopez stated that, in his capacity as 79 a maintenance supervisor of the South Service Unit, he was not 80 responsible for the maintenance of the culvert, and 81 WHEREAS, clearly there was a gap in assigning or accepting 82 responsibility for maintenance of the culvert, and the resulting 83 failure to repair the drainage ditch and culvert system, coupled 84 with the failure to repair or replace the sidewalk, contributed 85 to the severity of J.N.’s injuries, and 86 WHEREAS, J.N.’s parent and guardian, Stephany Grullon, and 87

Florida Senate - 2025 (NP) SB 20 23-00079-25 202520__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions.

Hillsborough County entered into a settlement and release 88 agreement on September 20, 2022, in which the county agreed to 89 pay Stephany Grullon $600,000 to settle all claims, and 90 WHEREAS, Hillsborough County paid $200,000, the sovereign 91 immunity limit under s. 768.28, Florida Statutes, to Stephany 92 Grullon within 20 days after entering into the settlement and 93 release agreement, and 94 WHEREAS, Hillsborough County acknowledged and agreed not to 95 oppose a legislative claims bill that would be filed during the 96 2023 Regular Session of the Legislature or in a subsequent 97 legislative session for the additional $400,000, and 98 WHEREAS, the $200,000 statutory limit under s. 768.28, 99 Florida Statutes, has been paid to Stephany Grullon, but the 100 balance of $400,000 remains unpaid, NOW, THEREFORE, 101 102 Be It Enacted by the Legislature of the State of Florida: 103 104

Section 1. The facts stated in the

preamble to this act are 105 found and declared to be true. 106

Section 2. Hillsborough County is authorized and directed 107 to appropriate from funds of the county not otherwise encumbered 108 and draw a warrant in the sum of $400,000 payable to Stephany 109 Grullon, as parent and guardian of J.N., to be placed in a trust 110 created for the exclusive use and benefit of J.N. for injuries 111 and damages sustained. 112

Section 3. The amount paid by Hillsborough County pursuant 113 to s. 768.28, Florida Statutes, and the amount awarded under 114 this act are intended to provide the sole compensation for all 115 present and future claims arising out of the factual situation 116

Florida Senate - 2025 (NP) SB 20 23-00079-25 202520__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. described in this act which resulted in injuries and damages to 117 J.N. The total amount paid for attorney fees and costs, lobbying 118 fees, and other similar expenses relating to this claim may not 119 exceed 25 percent of the total amount awarded under this act. 120

Section 4. This act shall take effect upon becoming a law. 121