Bill Text: FL S0012 | 2025 | Regular Session | Introduced

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Bill Title: Relief of L.P., a Minor, by the Department of Children and Families

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-08-02 - Filed [S0012 Detail]

Download: Florida-2025-S0012-Introduced.html

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       Florida Senate - 2025                              (NP)    SB 12
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00106-25                                             202512__
    1                        A bill to be entitled                      
    2         An act for the relief of L.P., a minor, by the
    3         Department of Children and Families; providing an
    4         appropriation to Sidney and Valerie Carey, as the
    5         grandparents and adoptive parents of L.P., to
    6         compensate L.P. for injuries and damages sustained due
    7         to the negligence of employees and caseworkers of the
    8         department; providing a limitation on compensation and
    9         the payment of fees and costs; providing an effective
   10         date.
   11  
   12         WHEREAS, on June 14, 2015, a family member of the then-six
   13  year-old L.P. called the Sarasota Police Department to request a
   14  wellness check of the mother of L.P. due to a suicide video the
   15  mother sent to relatives, along with other bizarre behaviors
   16  that called her mental fitness into question, and
   17         WHEREAS, in response to this call, the Sarasota Police
   18  Department complied with its statutory duty to report known or
   19  possible child abuse by notifying the Department of Children and
   20  Families (DCF), which, through its employees and caseworkers,
   21  responded to the home late on June 14, 2015, but failed to
   22  identify the mother of L.P., much less identify several
   23  forewarnings as to the mother’s mental health status, and
   24         WHEREAS, because of the inadequate wellness check by DCF
   25  employees, including failure to implement a readily available
   26  safety plan, L.P. was left in the custody of her mother, rather
   27  than her grandmother, who is now her adopted mother and who
   28  lived just a few houses away, and
   29         WHEREAS, because of the negligence of the DCF caseworkers
   30  to recognize the danger to L.P., she was left in her mother’s
   31  custody, and
   32         WHEREAS, the mother of L.P. attempted to murder L.P. within
   33  hours after DCF’s negligent decision, resulting in L.P. being
   34  stabbed no fewer than 14 times, including an attempted
   35  disembowelment, which required emergency surgery to save her
   36  life and multiple follow-up surgeries and treatments, and
   37         WHEREAS, as a further consequence of the negligence of DCF
   38  through its employees, L.P. will incur a lifetime of significant
   39  pain, suffering, disability, disfigurement, mental anguish,
   40  inconvenience, loss of capacity for the enjoyment of life,
   41  medical costs, future surgeries, and psychological costs over a
   42  potential duration of more than sixty-five years, and
   43         WHEREAS, following a two-week trial from February 28
   44  through March 11, 2022, the jury found DCF negligent and awarded
   45  L.P. damages resulting in a final judgment in the amount of $28
   46  million, and
   47         WHEREAS, an appeal to the Second District Court of Appeal
   48  affirmed the factual findings and the judgment of the jury and
   49  trial court in the case, and
   50         WHEREAS, in the 9 years since her mother attempted to
   51  murder her, L.P. has incurred the costs of multiple lifesaving
   52  surgeries, psychological counseling, and related expenses which
   53  remain unpaid or will be incurred at over $14 million along with
   54  a loss of earning capacity at $1.5 million, and
   55         WHEREAS, the costs incurred in the prosecution of the
   56  claims on behalf of L.P. exceeded $208,000, with over $8,000
   57  remaining to be paid, and
   58         WHEREAS, in accordance with the statutory cap of liability
   59  set forth in s. 768.28, Florida Statutes, DCF has paid $200,000
   60  toward the total amount of this claim, NOW, THEREFORE,
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. The facts stated in the preamble to this act are
   65  found and declared to be true.
   66         Section 2. The sum of $28 million is appropriated from the
   67  General Revenue Fund to the Department of Children and Families
   68  for the relief of L.P. for injuries and damages sustained.
   69         Section 3. The Chief Financial Officer is directed to draw
   70  a warrant in the sum of $28 million payable to Sidney and
   71  Valerie Carey, as the grandparents and adoptive parents of L.P.,
   72  to be placed in a special needs trust created for the exclusive
   73  use and benefit of L.P. for injuries and damages sustained.
   74         Section 4. The amount paid by the Department of Children
   75  and Families pursuant to s. 768.28, Florida Statutes, and the
   76  amount awarded under this act are intended to provide the sole
   77  compensation for all present and future claims arising out of
   78  the factual situation described in this act which resulted in
   79  injuries and damages to L.P. The total amount paid for attorney
   80  fees, lobbying fees, and other similar expenses relating to this
   81  claim may not exceed 25 percent of the total amount awarded
   82  under this act.
   83         Section 5. This act shall take effect upon becoming a law.