Bill Summary – FastDemocracy

       Florida Senate - 2025                              (NP)    SB 32
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00139A-25                                            202532__
                      A bill to be entitled                      
       An act for the relief of L.E. by the Department of
       Children and Families; providing an appropriation to
       compensate L.E. for injuries and damages sustained as
       a result of the negligence of the department;
       providing a limitation on compensation and the payment
       of attorney fees; providing an effective date.

       WHEREAS, L.E. was born on July 29, 2019, and, at birth,
tested positive for amphetamines, and
       WHEREAS, L.E.’s biological mother tested positive for
amphetamines after the delivery of L.E., and
       WHEREAS, while at the hospital, L.E.’s biological mother
and father engaged in a violent altercation with each other, and
       WHEREAS, shortly after L.E.’s birth, the Department of
Children and Families received two child abuse hotline reports,
one alleging intrafamily violence threatening L.E. and the other
alleging drug exposure of newborn L.E., and
       WHEREAS, the department is charged under s. 39.001, Florida
Statutes, with conducting child protective investigations to
ensure child safety and prevent further harm to children and
owed L.E. a duty to ensure her safety and prevent further harm,
and
       WHEREAS, the department sent a child protective
investigator to the hospital to initiate an investigation into
the reported abuse, and
       WHEREAS, the department discovered that L.E.’s mother had a
history of substance misuse, untreated mental health issues, and
a criminal history involving violence, and
       WHEREAS, the department discovered that both L.E.’s mother
and father had an extensive history of involvement with the
department, including, collectively, at least 20 prior child
abuse hotline reports, and
       WHEREAS, one of those prior reports involved egregious
abuse of L.E.’s biological father’s other daughter when she was
not yet 6 months old, resulting in long-bone fractures, and
       WHEREAS, the department removed that daughter from the
father’s care, and
       WHEREAS, L.E.’s mother’s other two biological children had
previously been removed from her care due to verified child
abuse, and
       WHEREAS, as L.E.’s mother placed her third child for
adoption, she was also planning to place L.E. for adoption and
made such arrangements prior to L.E.’s birth, and
       WHEREAS, shortly after L.E. was born, L.E.’s mother
abandoned L.E. at the hospital and, against medical advice, left
the hospital with L.E.’s father, and
       WHEREAS, an adoption specialist arrived at the hospital to
visit L.E., and
       WHEREAS, while L.E. was still in the hospital following her
birth, the department determined that L.E. was in “present
danger” if left in the care of her parents and that immediate
action was necessary to protect L.E. from further abuse or
neglect, and
       WHEREAS, the department contracted with a child welfare
agency and, instead of removing L.E. from her parents’ care
through a judicial process, the department and its subcontractor
developed an out-of-home safety plan to place L.E. with a friend
of L.E.’s mother, and
       WHEREAS, within 3 weeks after that placement, the friend
realized that she could no longer care for L.E. and informed the
department of this, and
       WHEREAS, despite a reassessment that established that there
was still a “present danger” to L.E. if left in the care of her
parents, the department relied upon information from its
subcontracted agency, and the joint decision was made to place
L.E. into her parents’ care, and
       WHEREAS, on August 21, 2019, L.E. was placed into her
parents’ home, and
       WHEREAS, on or about, September 17, 2019, less than 4 weeks
later, the department determined that it would be closing its
investigation, despite acknowledging that L.E.’s home situation
was volatile and unstable and that L.E.’s mother remained
violent and impulsive, and
       WHEREAS, the subcontractor planned to decrease its
monitoring of L.E. and the home upon the department closing its
investigation, and
       WHEREAS, on September 18, 2019, the subcontractor
transitioned its services from safety management to nonjudicial
in-home services, which inherently decreased monitoring of L.E.
by child welfare professionals, and
       WHEREAS, on September 24, 2019, the department closed its
investigation, despite the fact that there was no evidence of
change or progress with L.E.’s parents, and
       WHEREAS, despite the subcontractor’s claims that it had
provided services to the parents, the department expressly
acknowledged in its own investigative summary that, at the time
of closing its case, “[t]he home environment continues to be
volatile and unstable on a normal basis. The fighting in the
home will stabilize for a period of time but will always return
to a chaotic and aggressive environment... [violent and
impulsive behaviors] are clearly evident and severe... there has
been no clear changes made to their behaviors and the patterns
continue... [and] all of the children [including L.E.] are
vulnerable,” and
       WHEREAS, the very next day, on September 25, 2019, L.E. was
brought to Rockledge Regional Hospital in distress and
experiencing seizures, and
       WHEREAS, medical staff at Rockledge Regional Hospital found
makeup covering obvious bruising across her forehead, and
       WHEREAS, doctors determined that L.E. had suffered
catastrophic injuries from child abuse which had occurred over a
period of time, including a parietal calvarial skull fracture; a
left frontal parietal subdural hematoma with bilateral frontal,
temporal, and parietal cortical edema and encephalomalacia;
healing fractures of the left sixth and seventh ribs; a healing
fracture of the right eighth rib; acute fractures to the right
tenth and eleventh ribs; a pelvic fracture–left acetabular
cortical avulsion fracture; cortical buckling of the right
proximal tibial medial metaphysis; and multiple ecchymotic
lesions to the forehead, and
       WHEREAS, L.E. was immediately transferred to Nemours
Children’s Hospital in Orlando and admitted in critical
condition, due to severe organ system injury and dysfunction,
and was diagnosed as being at risk for hypoxia, hypercarbia,
hypotension, sepsis, shock, cardiorespiratory arrest,
intracranial hypertension, cerebral edema, stroke, and death,
and
       WHEREAS, L.E. was diagnosed with shaken baby syndrome
causing traumatic brain injury, seizures, and cerebral palsy, as
well as malnourishment, and
       WHEREAS, between August 21, 2019, and September 25, 2019,
L.E. was subjected to repeated and severe child abuse and
neglect while in the care of her parents, and
       WHEREAS, L.E.’s parents were arrested, charged, and
convicted of aggravated child abuse based upon their abuse of
L.E. while she was in their home between August 21, 2019, and
September 25, 2019, and
       WHEREAS, L.E. was subsequently adopted by her maternal
grandmother and relocated to Chicago, where she is followed by a
medical team at Lurie Children’s Hospital, and
       WHEREAS, L.E. has received, and will continue to receive,
therapeutic services across a host of disciplines, including
occupational, physical, speech, nutritional, vision, and
cognitive therapy, and
       WHEREAS, L.E., who just turned 5 years old, is currently
under an individual educational plan at school for her
disability, which has been formally classified as traumatic
brain injury, and
       WHEREAS, L.E. requires and will continue to require
constant care, monitoring, supervision, various therapies,
multiple specialist services, and supportive care throughout the
remainder of her life, which may include admission to a skilled
residential home if her adoptive parent is no longer able to
care for her, and
       WHEREAS, the department, charged with operating Florida’s
child welfare system, failed in its duties to ensure L.E.’s
safety and protect her from harm, and
       WHEREAS, the department’s negligence, in combination with
the failures of its subcontracted agency, caused catastrophic
brain injury that will have a significant impact on L.E. for the
remainder of her life, and
       WHEREAS, the department agreed to resolve L.E.’s claims
against the department through a negotiated settlement in the
Circuit Court for the 18th Judicial Circuit in and for Brevard
County, under case number 05-2022-CA-033685, in the total amount
of $4 million, and
       WHEREAS, the settlement agreement required that the
department make an initial payment of $200,000, which is the
maximum amount allowed under the sovereign immunity limitations
imposed under s. 768.28, Florida Statutes; and that the
remaining $3.8 million be paid contingent upon the passage and
funding of this claim bill, which the department has expressly
agreed it does not, and will not oppose, and
       WHEREAS, on July 9, 2024, the settlement agreement was
approved by the circuit court, and, with the department’s
agreement and consent, a final judgment was entered against the
department in the amount of $4 million pursuant to the
negotiated settlement, and
       WHEREAS, L.E.’s civil claims against the subcontracted
child welfare agency remain pending, NOW, THEREFORE,

Be It Enacted by the Legislature of the State of Florida:

       Section 1. The facts stated in the preamble to this act are
found and declared to be true.
       Section 2. The sum of $3.8 million is appropriated from the
General Revenue Fund to the Department of Children and Families
for the relief of L.E. for injuries and damages sustained as a
result of the negligence of the department.
       Section 3. The Chief Financial Officer is directed to draw
a warrant in favor of L.E., payable to the irrevocable trust
which has already been created for the exclusive use and benefit
of L.E., in the sum of $3.8 million upon funds of the Department
of Children and Families in the State Treasury and to pay the
same out of such funds in the State Treasury.
       Section 4. The amount paid by the Department of Children
and Families pursuant to s. 768.28, Florida Statutes, and the
amount awarded under this act are intended to provide the only
compensation for all present and future claims against the
department arising out of the factual situation described in
this act which resulted in injuries and damages to L.E. The
total amount paid for attorney fees relating to this claim
against the department may not exceed 25 percent of the total
amount awarded under this act.
       Section 5. This act shall take effect upon becoming a law.