Bill Text: FL H0195 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relief/Pierreisna Archille/DCFS

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/SB 60; Laid on Table, companion bill(s) passed, see CS/SB 60 (Ch. 2010-235) -HJ 01175 [H0195 Detail]

Download: Florida-2010-H0195-Introduced.html

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HB 195

1	A bill to be entitled
2	An act for the relief of Pierreisna Archille; providing an
3	appropriation to compensate Pierreisna Archille, a
4	mentally disabled person, by and through Darlene Achille,
5	Limited Guardian of Property for Pierreisna Archille, for
6	injuries and damages sustained as a result of the
7	negligence of employees of the Department of Children and
8	Family Services; providing for reversion of funds;
9	providing a limitation on the payment of attorney's fees,
10	lobbying fees, costs, and other similar expenses relating
11	to the claim; providing an effective date.
12
13	WHEREAS, Pierreisna Archille, a 28-year-old moderately
14	retarded woman, has the cognitive ability of a child between
15	kindergarten and first-grade level, and
16	WHEREAS, because of allegations of neglect against her
17	biological mother and stepfather, Pierreisna Archille and her
18	sisters, Darlene and Muriel, were placed in foster care in 1993,
19	and
20	WHEREAS, in 1997, when Pierreisna Archille was 15 years
21	old, the Archille children were placed in the foster home of
22	Bonifacio and Josephine Velazquez, and
23	WHEREAS, the Velazquez foster home was licensed,
24	supervised, and monitored by the Department of Children and
25	Family Services and its employees and agents, and
26	WHEREAS, after placement of the Archille children in the
27	foster home, Darlene Achille complained that Bonifacio
28	Velazquez, the foster father, was sexually molesting her and was
29	also molesting S.A., a toddler, and
30	WHEREAS, after these complaints were made, both Darlene and
31	Muriel were removed from the Velazquez home, but Pierreisna
32	Archille remained in the home, and
33	WHEREAS, between June of 1998 through June of 1999,
34	Bonifacio Velazquez repeatedly raped and molested Pierreisna
35	Archille, resulting in her impregnation and subsequent birth of
36	a daughter, and
37	WHEREAS, after the birth of Pierreisna Archille's daughter,
38	Takeisha, Pierreisna Archille's younger sister, Darlene, then 19
39	years old, undertook the responsibility of helping Pierreisna
40	Archille take care of her daughter, and
41	WHEREAS, as a developmentally disabled person, Pierreisna
42	Archille is in need of funds necessary for her to care for her
43	daughter with the assistance of her sister, Darlene, and
44	WHEREAS, Pierreisna Archille continues to suffer nightmares
45	and extreme emotional and psychological trauma as a result of
46	the actions giving rise to this claim, and
47	WHEREAS, a life-care continuum was formulated by
48	comprehensive rehabilitation consultants detailing the funds
49	necessary to provide treatment to Pierreisna Archille, as well
50	as to help provide for the support necessary for Pierreisna
51	Archille to take care of her daughter, and
52	WHEREAS, Dr. Fred Raffa, an economist, reduced such cost to
53	present value in the amount of $4,067,431, and
54	WHEREAS, the dependency court appointed a Limited Guardian
55	of Property for Pierreisna Archille for the purpose of assisting
56	in obtaining compensation for her damages, and
57	WHEREAS, a lawsuit was filed on behalf of the Limited
58	Guardian of Property for Pierreisna Archille in Naples, Florida,
59	against the Department of Children and Family Services, and
60	WHEREAS, Pierreisna Archille, by and through her previous
61	Limited Guardian of Property, Patrick Weber, and the Department
62	of Children and Family Services agreed to mediation to resolve
63	this matter and entered into a settlement agreement to
64	compensate Pierreisna Archille for her damages and to provide a
65	basis for this claim bill, and
66	WHEREAS, as a result of good-faith negotiations between the
67	parties at a court-sanctioned mediation, the Department of
68	Children and Family Services and the Limited Guardian of
69	Property agreed that $1.3 million is reasonable and fair
70	compensation for Pierreisna Archille's damages, and
71	WHEREAS, the Department of Children and Family Services has
72	already paid $100,000 in accordance with the provisions of s.
73	768.28, Florida Statutes, and
74	WHEREAS, with respect to the $100,000 already paid by the
75	department, the appropriate parties agreed to deferred payment
76	of attorney's fees and costs of plaintiff's counsel so that
77	Pierreisna Archille could immediately have access to needed
78	funds, and
79	WHEREAS, the Department of Children and Family Services
80	desires to make good on its promise to Pierreisna Archille which
81	was made in the Settlement Agreement to compensate her for the
82	irreparable harm she suffered in the foster care system, and
83	WHEREAS, the Department of Children and Family Services
84	recognizes that Pierreisna Archille was not only victimized by
85	her caretaker, but that employees of the department broke a
86	sacred trust to her to oversee her safety and care, and
87	WHEREAS, the Department of Children and Family Services
88	supports a claim bill in the amount of $1.2 million, NOW,
89	THEREFORE,
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1. The facts stated in the preamble to this act
94	are found and declared to be true.
95	Section 2. (1) There is appropriated from the General
96	Revenue Fund to the Department of Children and Family Services
97	the sum of $1.2 million for the relief of Pierreisna Archille,
98	by and through Darlene Achille, Limited Guardian of Property for
99	Pierreisna Archille, for injuries and damages sustained. After
100	payment of attorney's fees and costs, lobbying fees, and other
101	similar expenses relating to this claim as provided for in this
102	section, outstanding medical liens, and other immediate needs,
103	the remaining funds shall be placed in a special needs trust
104	created for the exclusive use and benefit of Pierreisna
105	Archille. Any funds remaining in the special needs trust upon
106	the death of Pierreisna Archille, after payment of any
107	outstanding Medicaid liens, shall become available solely to
108	benefit Pierreisna Archille's daughter, Takeisha Archille. If
109	Takeisha Archille predeceases her mother, Pierreisna Archille,
110	all such sums shall revert to the General Revenue Fund of the
111	State of Florida.
112	(2) Any amount awarded under this act pursuant to the
113	waiver of sovereign immunity permitted under s. 768.28, Florida
114	Statutes, and this award are intended to provide the sole
115	compensation for all present and future claims arising out of
116	the factual situation described in the preamble to this act
117	which resulted in the injury to Pierreisna Archille. The total
118	amount paid for attorney's fees, lobbying fees, costs, and other
119	similar expenses relating to this claim may not exceed 25
120	percent of the amount awarded under subsection (1).
121	Section 3. The Chief Financial Officer is directed to draw
122	a warrant in the sum of $1.2 million payable to Pierreisna
123	Archille, by and through Darlene Achille, Limited Guardian of
124	Property for Pierreisna Archille, upon funds in the State
125	Treasury to the credit of the Department of Children and Family
126	Services, and the Chief Financial Officer is directed to pay the
127	same out of such funds in the State Treasury not otherwise
128	appropriated.
129	Section 4. This act shall take effect upon becoming a law.

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