The family of a Miami Beach recreation leader is one step closer to receiving the balance of a wrongful death settlement it reached with the city last year.

Members of the Senate Judiciary Committee voted 10-1 for SB 14, which would clear $1.7 million to the loved ones of Peniel “P.J.” Janvier, who drowned in a city pool on Aug. 16, 2022.

Janvier, a 28-year-old Army Reserve member, was a recreation leader and football coach for Miami Beach’s Parks and Recreation Department. He was off the clock on the day he died while visiting kids whom he oversaw during Summer camp at the Scott Rakow Youth Center’s outdoor pool.

Douglas McCarron, an attorney for the family, cited video footage showing Janvier being pushed by a camper into the pool’s deep end and struggling for 12 minutes as kids tried to save him. A lifeguard on duty was focused on his phone.

The city later suspended two employees and fired a third. In May 2024, the Miami Beach Commission approved a $2 million settlement with Janvier’s family.

But only $300,000 has been given. That’s due to Florida’s sovereign immunity law, which protects government agencies from costly lawsuits by capping payouts at $200,000 per person and $300,000 per incident.

For payments beyond those sums, state lawmakers must pass a claims bill, a special classification of legislation intended to compensate a person or entity for injury or loss due to the negligence or error of a public officer or agency.

Miami Gardens Democratic Sen. Shevrin Jones filed SB 14 in August, less than three months after Miami Beach OK’d the settlement. Miami Republican Rep. Juan Porras filed the bill’s House twin (HB 6519) last month.

Palm Harbor Republican Sen. Ed Hooper cast the sole “no” vote Wednesday, but provided no explanation why. He voted for other claims bills during the same meeting, saying of one measure to fulfill a settlement over a 19-year-old accident, “Nineteen years? Maybe we ought to come up with a better process.”

Republican Sen. Corey Simon of Tallahassee and Republican Rep. Fiona McFarland of Sarasota are carrying bills to overhaul Florida’s claims bill statutes, including raising payout caps and allowing localities to forgo sovereign immunity protections.

SB 14 will next go to the Senate Community Affairs Committee, after which it has one more stop before reaching a floor vote. HB 6519 also has two more stops before it would be up for a full vote by the House.

Post Views: 0

The House Criminal Justice Subcommittee unanimously advanced a measure known as “Trenton’s Law” that seeks to increase penalties for subsequent DUI offenses.

St. Johns Republican Rep. Kim Kendall presented the bill (HB 687). She detailed how it came about after the death of Trenton Stewart, an 18-year-old cybersecurity Major and Stetson University All-American football player who had just finished his freshman year at college and was visiting his mom for Mother’s Day.

“May 9, 2023, a man was traveling 113 miles an hour in a 45 mile an hour zone, heading westbound on an eastbound lane. … On that eastbound lane was 18-year-old Trenton Stewart,” Kendall said.

“He was traveling on old St. Augustine Road. The crash investigation report … indicated that this man floored the gas four seconds before hitting Trenton. The report proved that this man was in control of his vehicle but barely pressed the brakes and never attempted to avoid Trenton’s vehicle, which was at a complete stop.”

Kendall said Trenton suffered multiple injuries, some of which were fatal.

“This man admitted guilt for slamming into Trenton head on while traveling at over 100 miles per hour. The Trailblazer Trenton was driving went airborne with him in it and was pushed a half a football length before it hit a tree,” Kendall said.

“Trenton suffered 13 injuries, nine of which were critical and fatal in nature. Trenton was alert directly after the collision and was trapped in his SUV for over 18 minutes. Trenton was observed on chest cam indicating he needed help and was in pain. Trenton fought for his life for 83 minutes until he was called dead as he arrived into the emergency room.”

Kendall noted that the offender had already killed someone else while driving under the influence.

“One of the most disturbing things … it’s the second time he killed somebody with a vehicular homicide,” Kendall said. “We are asking for enhancements to a first-degree felony for subsequent DUI … vessel homicide, or vehicular homicide.”

Florida Highway Patrol State Trooper Susan Barge spoke in support of the bill, and detailed how there are challenges for law enforcement when it comes to drivers taking non-controlled substances but still continuing to drive despite knowing they are impaired.

“One of the challenges besides just arresting someone for DUI, and also in our traffic homicide cases, is when we get somebody that decides to go to the store, that they still have to show their ID to buy cough medicine. But they could drink that whole thing of cough medicine and go out and drive a car and kill somebody, and there’s no penalties because it’s not a controlled substance.” Barge said.

Barge said members of law enforcement face obstacles when it comes to drivers taking these particular substances.

“Our hands are kind of tied when we have these cases,” Barge said. “I feel that we would have a better outcome with our DUI cases if we’re given a little bit more leeway on being able to arrest people for the things that they are responsible enough to go in and buy, but not responsible enough to take into their system and not drive a vehicle, knowing it impairs them.”

Mandy Stewart, Trenton’s mother, also spoke before the committee, and said the punishment that the offender received for taking the life of her son, was not enough.

“I’m Trenton’s mom, he unfortunately was killed by a felon … with a lengthy history of both violent criminal charges and countless traffic violations, including his first conviction in a vehicular homicide in 2001,” Stewart said. “Aside from the other 13 criminal charges and over 20 traffic violations, the offender (who) killed Trenton has finally been sentenced to only 12 years in prison. … In my opinion (it) is not true justice for this situation.”

Stewart noted that currently the maximum an offender can get is 15 years in prison.

“I shudder to think that after Trenton’s offenders’ now killed two people, he will be walking freely around our communities at the age of 50 years old or younger,” Stewart said. “That gives him a lot of life still to do this potentially again. … We don’t want another family to experience what we have.”

During the bill’s debate, Davie Democratic Rep. Mike Gottlieb called what happened to Trenton a “travesty” and noted that it highlights a problem in the criminal justice system.

“When you hear a story like this, it’s truly a travesty, and I think we have the greatest criminal justice system in the world, and it makes mistakes,” Gottlieb said.

“This case highlights one of those mistakes where the punishment wasn’t severe enough for somebody … (who) had 13 prior felony convictions, some violent, (and a) second offense where they killed an individual. So, normally I would be yelling and screaming and saying it’s inappropriate to double the punishment, but this is a case that has highlighted a problem in our criminal justice system.”

The bill will now go to the Justice Budget Subcommittee.

Post Views: 0

For the first time since former Sen. Mike Fasano filed the original legislation in 2010, Senators have weighed in on a bill that would compensate a Pasco County man who suffered life-altering injuries in a gruesome crash 19 years ago.

Members of the Senate Judiciary Committee voted 11-0 for SB 8, which would authorize Pasco County Schools to pay $1 million to Marcus Button and $200,000 to his mother, Robin Button, for pain, suffering, costs and lost wages incurred in a 2006 collision with a Pasco school bus.

“Experts estimate Marcus’ future care costs at $6-10 million with lifetime lost wages of $365,000 to $570,000,” the bill’s sponsor, Tallahassee Republican Sen. Corey Simon, told the panel.

“This bill seeks to provide fair compensation to Marcus Button’s catastrophic, life-altering injuries and ongoing needs.”

SB 8 would provide $1.2 million to Button and his mother and absolve the Pasco School Board of further liability. It would end a chapter long overdue closure.

Following the crash, a court awarded $1.38 million to Button and $289,000 to his parents. But Button and his mother, his only surviving parent, have seen just $163,000 due to Florida’s statutory limits.

SB 8 and its House companion (HB 6507) by Pensacola Republican Rep. Alex Andrade are claims bills, a special classification of legislation intended to compensate a person or entity for injury or loss due to the negligence or error of a public officer or agency.

Claims bills arise when appropriate damages exceed what is allowable under Florida’s sovereign immunity law, which protects government agencies from costly lawsuits by capping payouts — today — at $200,000 per person and $300,000 per incident. For payments beyond those sums, legislative action is necessary.

Marcus Button was 16 on Sept. 22, 2006, when his friend, Jessica Juettner, was driving him to their high school. School bus driver John E. Kinne pulled out in front of Juettner’s car on State Road 54. It was later determined that Kinne, whose only other passenger was a backup driver, failed to yield the right-of-way.

Juettner’s car struck the bus between its wheels, slipping under the larger vehicle. While she suffered minor injuries, Button, who was riding in the front seat and allegedly not wearing a seatbelt, struck the windshield headfirst, sustaining facial and skull fractures, brain damage and vision loss.

After more than two months of inpatient treatment and rehabilitation, Button still faced a long, arduous and still-incomplete road to recovery. He had to relearn how to walk and today can’t walk for “any substantial length of time without pain,” the bill says. He’s also mostly blind in his right eye, has no sense of smell and endures other disabilities when it comes to tasting food and feeling textures.

Further, he now speaks with a British accent due to foreign accent syndrome, a speech disorder associated with traumatic brain injury. He also endures visual and auditory hallucinations that contribute to chronic paranoia.

In a 2013 interview with the Tampa Bay Times, Button related how he sometimes saw camels walking beside him and once caressed a dead pet cat named Kiki who rubbed against his leg. The outlet also detailed how his difficulty controlling impulses prevented him from going to crowded places.

Button’s parents sued the Pasco County School Board in 2007. A pediatric rehabilitation doctor and neuropsychologist testified that Button would require 24-hour care, counseling, intervention, medical care and pharmaceuticals for the rest of his life to cope with his physical symptoms and control his “psychotic and delusional behavior,” the bill says. The doctor noted other issues Button deals with, including memory loss, sleep deprivation and difficulty concentrating.

Jurors split responsibility for the crash and Button’s injury among those involved. The six-person panel apportioned 65% of the blame to the Pasco County School Board, 20% to Juettner, who they determined could have avoided the accident if she had paid more attention while driving, and 15% to Button for allegedly not wearing a seatbelt.

Andrade and Simon last year became the first legislators to carry claims bills for the Buttons since 2020, when former Senate Democratic Leader Audrey Gibson filed a comparable measure with no House companion.

It died without a hearing, as did prior efforts by former Republican Sen. Miguel Díaz de la Portilla in 2012 and 2013, and former Republican Sen. Denise Grimsley in 2014, 2015 and 2017.

The Pasco County School Board signaled support for SB 8. Palm Harbor Republican Sen. Ed Hooper expressed disbelief that the Buttons have been denied recompense for so long.

“Nineteen years?” he said. “Maybe we ought to come up with a better process.”

Simon and Sarasota Republican Rep. Fiona McFarland are carrying bills this Session to eliminate some of the barriers to compensation and raise payout caps.

SB 8 will next go to the Senate Committee on Education Pre-K – 12, after which it has one more stop before reaching a floor vote. HB 6507 cleared its first of three committees Friday with unanimous support.

Post Views: 0