THE BILL ITSELF
HB 6503
Relief/L.P./Department of Children and Families
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A bill to be entitled
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An act for the relief of L.P., a minor, by the
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Department of Children and Families; providing an
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appropriation to compensate L.P. for injuries and
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damages sustained due to the negligence of employees
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and caseworkers of the department; providing a
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limitation on compensation and the payment of fees and
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costs; providing an effective date.
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WHEREAS, on June 25, 2015, a family member of then-6-year-
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old L.P. called the Sarasota Police Department to request a
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wellness check of the mother of L.P. due to a suicide video the
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mother sent to relatives, along with other bizarre behaviors
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that called her mental fitness into question, and
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WHEREAS, in response to this call, the Sarasota Police
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Department complied with its statutory duty to report known or
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possible child abuse by notifying the Department of Children and
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Families (DCF), which, through its employees and caseworkers,
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responded to the home late on June 25, 2015, but failed to
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identify the mother of L.P., much less identify several
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forewarnings as to the mother's mental health status, and
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WHEREAS, because of the inadequate wellness check by DCF
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employees, including failure to implement a readily available
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safety plan, L.P. was left in the custody of her mother, rather
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than her grandmother, who is now her adopted mother and who
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lived just a few houses away, and
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WHEREAS, because of the negligence of the DCF caseworkers
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in failing to recognize the danger to L.P., she was left in her
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mother's custody, and
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WHEREAS, the mother of L.P. attempted to murder L.P. within
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hours after DCF's negligent decision, resulting in L.P. being
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stabbed no fewer than 14 times, including an attempted
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disembowelment, which required lifesaving emergency surgery and
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multiple follow-up surgeries and treatments, and
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WHEREAS, as a further consequence of the negligence of DCF
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through its employees, L.P. will incur a lifetime of significant
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pain, suffering, disability, disfigurement, mental anguish,
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inconvenience, loss of capacity for the enjoyment of life,
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medical costs, future surgeries, and psychological costs over a
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potential duration of more than 65 years, and
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WHEREAS, following a 2-week trial from February 28 through
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March 11, 2022, the jury found DCF negligent and awarded L.P.
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damages resulting in a final judgment in the amount of $28
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million, and
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WHEREAS, an appeal to the Second District Court of Appeal
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affirmed the factual findings and the judgment of the jury and
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trial court in the case, and
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WHEREAS, in the 9 years since her mother attempted to
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murder her, L.P. has incurred the costs of multiple lifesaving
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surgeries, psychological counseling, and related expenses which
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remain unpaid or will be incurred at over $14 million along with
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a loss of earning capacity at $1.5 million, and
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WHEREAS, the costs incurred in the prosecution of the
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claims on behalf of L.P. exceeded $208,000, with over $8,000
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remaining to be paid, and
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WHEREAS, in accordance with the statutory cap of liability
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set forth in s. 768.28, Florida Statutes, DCF has paid $200,000
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toward the total amount of this claim, 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
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are found and declared to be true.
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Section 2. The sum of $28 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 L.P. 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 the sum of $28 million payable to a special needs
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trust created for the exclusive use and benefit of L.P. for
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injuries and damages sustained.
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Section 4. The amount paid by the Department of Children
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and Families pursuant to s. 768.28, Florida Statutes, and the
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amount awarded under this act are intended to provide the sole
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compensation for all present and future claims arising out of
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the factual situation described in this act which resulted in
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injuries and damages to L.P. The total amount paid for attorney
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fees, lobbying fees, and other similar expenses relating to this
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claim may not exceed 25 percent of the total amount awarded
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under this act.
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This act shall take effect upon becoming a law. Section 5.