THE BILL ITSELF
SB 4
Relief of C.C. by the Department of Children and Families
Florida Senate - 2026 (NP) SB 4 By Senator Rodriguez 40-00018-26 20264__
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A bill to be entitled
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An act for the relief of C.C. by the Department of
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Children and Families; providing an appropriation to
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compensate C.C. for injuries and damages sustained as
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a result of the negligence of the department;
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providing a limitation on compensation and the payment
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of attorney fees and certain costs; providing an
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effective date.
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WHEREAS, on August 12, 2014, Anna Highland, a resident of
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Fort Myers, gave birth to C.C., who was born addicted to
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methadone as a result of Ms. Highland’s opiate dependence,
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cocaine abuse, and intravenous drug use, and
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WHEREAS, at the time of C.C.’s birth, Ms. Highland was
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licensed as a foster parent by the Department of Children and
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Families and had significant involvement with the department
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dating back to 2012, and
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WHEREAS, due to Ms. Highland’s drug abuse throughout her
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pregnancy, C.C. suffered severe withdrawal symptoms after his
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birth which required him to be hospitalized for a month in a
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neonatal intensive care unit and treated with morphine, and
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WHEREAS, during the 6 months before C.C.’s birth, the
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department received three separate child abuse hotline reports
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regarding Ms. Highland, including reports alleging that she was
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abusing drugs and physically abusing her foster child, and
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WHEREAS, the department opened an investigation after
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receiving a fourth child abuse hotline report made on August 12,
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2014, the day of C.C.’s birth, alleging that Ms. Highland had
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tested positive for drugs while pregnant, and
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WHEREAS, on September 3, 2014, while the investigation was
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pending, the department received two additional child abuse
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hotline reports alleging that Ms. Highland was abusing drugs,
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and
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WHEREAS, despite receiving six abuse allegations within a
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7-month period, the department advised the hospital on September
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3, 2014, that there was no hold on C.C. and that he was free to
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be released to Ms. Highland, and
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WHEREAS, on September 6, 2014, C.C. was discharged from the
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hospital to Ms. Highland’s care with no intervention and no
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services in place to protect C.C. from the potentially dangerous
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effects of Ms. Highland’s drug addiction, and
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WHEREAS, on September 23, 2014, the department closed its
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investigation with findings of substance misuse not
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substantiated and a determination that Ms. Highland’s methadone
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use had no implications for child safety, and
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WHEREAS, on June 3, 2015, and again on August 6, 2015, the
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department received two new child abuse hotline reports alleging
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that Ms. Highland was abusing the foster child in her care, both
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of which the department closed without investigation, and
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WHEREAS, on September 12, 2015, when C.C. was 13 months
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old, he overdosed on Ms. Highland’s methadone, was found
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unresponsive and not breathing, and was rushed to the hospital
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in critical condition, where he remained in a coma for 2 weeks
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and was hospitalized for 1 month, and
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WHEREAS, the department’s investigation of C.C.’s overdose
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revealed that Ms. Highland, as well as her mother who was
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present, waited 5 hours before seeking medical attention for
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C.C. while his condition continued to deteriorate, and
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WHEREAS, as a result of the department’s investigation of
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the overdose, C.C. was finally removed from Ms. Highland’s care
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and placed in the care of his father, and
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WHEREAS, as the state agency charged with operating the
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child welfare system in this state, including conducting child
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protective investigations to ensure child safety and prevent
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further harm to children under s. 39.001, Florida Statutes, the
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department owed C.C. a duty to ensure his safety and protect him
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from further harm, and
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WHEREAS, the department failed to protect C.C. from further
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harm when it negligently allowed him to be released from the
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hospital to Ms. Highland’s care after his birth with no services
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or interventions in place to protect him from the potentially
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dangerous effects of her drug addiction, and
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WHEREAS, the department’s negligence resulted in severe and
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permanent injuries to C.C., now 9 years of age, including, but
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not limited to, an anoxic brain injury; seizures; strokes and
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neurological impairments; permanent hearing, vision, and speech
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impediments; cognitive impairment, including memory loss and
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learning disabilities; and permanent injuries impacting his
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coordination and gross and fine motor skills, requiring lifelong
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care, and
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WHEREAS, the State of Florida recognizes an equitable
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obligation to redress the injuries and damages C.C. sustained as
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a result of the negligence of the department and its failure to
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exercise its duties to ensure the safety of children in this
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state and protect them from further harm, NOW, THEREFORE,
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. The facts stated in the preamble to this act are
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found and declared to be true.
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Section 2. The sum of $20 million is appropriated from the
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General Revenue Fund to the Department of Children and Families
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for the relief of C.C. for injuries and damages sustained.
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Section 3. The Chief Financial Officer is directed to draw
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a warrant in favor of C.C., payable to an irrevocable trust
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created for the exclusive use and benefit of C.C., in the sum of
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$20 million upon funds of the Department of Children and
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Families in the State Treasury, and the Chief Financial Officer
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is directed to pay the same out of such funds in the State
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Treasury. The trust shall be responsible for payment of attorney
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fees and costs, lobbying fees, and other similar expenses
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relating to this claim, subject to the limitations set forth in
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this act.
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Section 4. The amount awarded under this act is intended to
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provide the sole compensation for all present and future claims
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arising out of the factual situation described in this act which
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resulted in injuries and damages to C.C. The total amount paid
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for attorney fees and costs, lobbying fees, and other similar
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expenses relating to this claim may not exceed 25 percent of the
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total amount awarded under this act.
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Section 5. This act shall take effect upon becoming a law.