Florida SB 20: What it Means for Child Bike Accident Cases
In Florida, most injury claims against government entities face strict limits on compensation. However, in 2024, lawmakers passed Senate Bill 20 (SB 20), a rare claims bill that granted additional relief to the family of a child who suffered catastrophic injuries in a bicycle accident. Note, this did not change the law; it only applied to this specific case.
In this article, we’ll look at the case that led to SB 20, explain why the bill was important, and explore what it means for future child bicycle accident cases in Florida.
What is Florida SB 20?
Florida Senate Bill 20 was a claims bill. A claims bill is a type of legislation that provides compensation in cases where the legal system can’t deliver adequate relief through a general personal injury claim. This particular piece of legislation was brought forth after a 2019 accident involving an 11-year-old girl who was riding her bicycle on a sidewalk in Hillsborough County.
While biking, the girl, J.N., struck an uneven patch of pavement that was maintained by the county. This caused her to tumble down a steep slope and crash face-first into a metal drainage culvert. She suffered devastating injuries, including a broken jaw and multiple lost teeth, which required emergency surgery and ongoing reconstructive care. Doctors have confirmed she’ll eventually need a bone graft procedure, but only once her facial bones finish growing.
Under ordinary circumstances, J.N.’s family would’ve pursued compensation through a lawsuit against the county. However, Florida’s sovereign immunity statute places limits on what victims can recover from government entities. Those caps are:
- $200,000 per person
- $300,000 per incident (when multiple claims are from the same event)
Regardless of the severity of the injury, recovery against a government body cannot exceed those amounts without special approval from the Legislature. As J.N.’s medical expenses far surpassed the statutory cap, her family sought additional relief. SB 20 was introduced and ultimately passed both chambers, authorizing more compensation for J.N.’s care.
This is significant because most claims bills in Florida never pass. They go through a lengthy legislative process, and many fail before adjournment. So, this passing of a bill reflects not only the extent of J.N. ‘s injuries but also the limitations that families may encounter when a child is injured due to government negligence.
Does Florida SB 20 Apply to all Bicycle Accidents?
The short answer is no. Florida SB 20 was a case-specific relief act created for one child and her family. It doesn’t expand rights or increase compensation limits for other victims.
For most families, bicycle accident claims must still be pursued through a personal injury or wrongful death lawsuit. That means the same sovereign immunity limits continue to apply when a government body is involved.
As those caps can fall short of covering catastrophic medical costs, some families attempt to go for a claims bill. However, under Florida’s rules:
- A claims bill is only considered when there’s government negligence.
- The damages must exceed sovereign immunity limits.
- The Legislature must approve special relief.
Keep in mind, the Legislature will not process a contested claims bill until the claimant has exhausted all available resources. Even when filed, most claims fail to pass both chambers before the end of a legislative session.
If your child has been involved in a bicycle accident that has resulted in serious injuries, reach out to a Florida bike accident attorney right away. We’ll determine the best path forward and build a case with your best interests in mind.
How Can You Prevent Child Bicycle Accidents?
According to the National Highway Traffic Safety Administration, children 14 and younger accounted for 4% of all pedalcyclists (bicycles, tricycles, unicycles, and other pedal-powered vehicles) deaths and 12% of pedalcyclists injuries in 2021. While you can’t always prevent accidents, parents and communities can take steps to lower the risks.
To help protect children, families should:
- Encourage kids to stick to neighborhood streets, bike paths, or trails instead of busy roads.
- Provide properly fitted protective gear, including helmets, knee pads, and reflective gear.
- Keep an eye on children riding around driveways, parking lots, and intersections where drivers may not see them.
Parents can also be advocates in their communities, pushing for safer infrastructure like crosswalks, speed bumps, and better maintained sidewalks.
Florida Helmet Laws for Minors
Per Florida Statute 316.2065, all bicycle riders and passengers under the age of 16 must wear a properly fitted helmet that meets federal safety standards. The helmet must be securely fastened with a strap at all times while riding. Enforcement encourages safety rather than punishing children:
- Officers and school crossing guards may give out safety brochures and verbal warnings to riders.
- A first violation may be dismissed in court if the rider shows proof of purchasing a compliant helmet.
- Repeat violations may result in a citation and a fine.
No matter the law, the safety benefits of helmets apply to riders of all ages. Research shows helmets reduce the likelihood of brain injuries by 65-88% and lower the risk of severe facial trauma by 65%.
Steps Parents Should Take After a Bike Accident
Even when you take every precaution, accidents can still happen. If your child is involved in a bike crash, follow these steps:
- Get medical care right away. Even if injuries seem minor, internal trauma, concussions, or fractures aren’t always obvious at first. Quick treatment will create a medical record that supports your case.
- Report the accident. If a driver was involved, call law enforcement and request a police report. If the accident happened on public property (e.g., sidewalk), file a report with the city or county.
- Document the scene. Take photos of the roadway or sidewalk conditions, the damaged bicycle, any vehicles involved, and visible injuries. These are key evidence in determining liability.
- Keep records. Save all medical bills, hospital records, receipts for medications, and documentation of follow-up care.
- Contact an experienced bike accident lawyer. When government negligence or sovereign immunity applies to your case, things can get complicated. A lawyer can investigate, preserve evidence and pursue maximum compensation on your family’s behalf.
It’s also important to keep Florida’s legal deadlines in mind. The statute of limitations for personal injury cases is two years from the date of the accident. Waiting too long could mean losing your right to pursue recovery altogether.
Contact a Gainesville Bicycle Accident Lawyer
If your child has been injured in a bicycle accident that you think was caused by government negligence, our experienced Florida personal injury lawyers can help. We understand the ins and outs of sovereign immunity laws and the challenges parents face when medical bills start adding up.
When your child’s health and future are on the line, you deserve a law firm that won’t back down from complex claims. Call a bike accident lawyer at Fine, Farkash & Parlapiano, P.A. today for a free consultation, and let us put our experience to work for your family.
Sources:
Legislative Claim Bill Manual | The Florida Senate
Bicyclists and Other Cyclists | NHTSA
316.2065 Bicycle regulations. | The Florida Legislature
Keep Your Brain Safe While Biking | Brain Injury Association of America
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.