HB 6505 full text · Session Watch

1 A bill to be entitled

2 An act for the relief of H.H. by the Department of

3 Children and Families; providing an appropriation to

4 compensate H.H. for injuries and damages sustained as

5 a result of the negligence of the department;

6 providing legislative intent; providing a limitation

7 on compensation and the payment of certain fees and

8 costs; providing an effective date.

10 WHEREAS, on May 3, 2017, H.H. was a healthy, normally

11 developing 18 month old, when the Department of Children and

12 Families received its first child abuse hotline report regarding

13 H.H., which alleged substance abuse by H.H.'s mother and

14 stepfather and that H.H.'s mother and stepfather were selling

15 drugs out of, and harboring a fugitive in, their home, and

16 WHEREAS, during the course of its investigation of the

17 initial child abuse hotline report, the department discovered

18 that the stepfather had been released from the Department of

19 Corrections 7 months before initiation of the Department of

20 Children and Families' investigation after being incarcerated

21 for 3 1/2 years, was on probation, had been married to the

22 mother for only 1 month and had been dating the mother for only

23 3 months before initiation of the department's investigation,

24 and had a significant and dangerous criminal history that showed

25 a pattern of impulsivity and violence, and

26 WHEREAS, at the time of the initial child abuse hotline

27 report, the stepfather had been involved in at least 35

28 incidents resulting in police reports, and his criminal history,

29 ranging from 2003 through 2013, included a 2003 charge for

30 driving under the influence, marijuana possession, and drug

31 equipment possession; a 2003 charge for driving under the

32 influence and possession of liquor by a person under the age of

33 21; a 2003 charge for driving while his license was suspended or

34 revoked, including a prior suspension for refusal to submit to a

35 lawful test of breath; a 2003 charge for burglary; 2004 felony

36 convictions for possession of cocaine, possession of drug

37 paraphernalia, and burglary of a dwelling, for which he served

38 concurrent sentences of 270 days and 55 days in jail; a 2004

39 arrest for resisting an officer without violence during a

40 disturbance; a 2005 charging affidavit for violation of a court

41 order and making threats toward his girlfriend's parents; a 2007

42 battery charge; a 2007 felony conviction for fleeing and

43 eluding; a 2009 arrest for violation of probation relating to

44 drug charges; a 2009 charge for marijuana possession, violation

45 of driver license restrictions, and drug equipment possession; a

46 2010 arrest for possession of a controlled substance and

47 possession of a firearm by a convicted felon; a 2010 arrest for

48 involvement in a marijuana growing operation and the cultivation

49 and manufacturing of cannabis; 2011 felony convictions for

50 possession of a Schedule II controlled substance, possession of

51 a firearm by a convicted felon, manufacture of cannabis,

52 possession of cocaine, fleeing and eluding, burglary of a

53 dwelling, possession of drug paraphernalia, driving while his

54 license was suspended, battery of a law enforcement officer, and

55 escape, for which he was sentenced to two 366-day sentences in

56 prison; and 2013 felony convictions for resisting arrest with

57 violence, fleeing or attempting to elude, driving while his

58 license was suspended or revoked, battery on a law enforcement

59 officer, and escape, for which he was sentenced to 4 years in

60 prison, and

61 WHEREAS, during the course of the department's

62 investigation of the initial child abuse hotline report, H.H.'s

63 stepfather refused to submit to a drug test, and

64 WHEREAS, during the course of the department's

65 investigation of the initial abuse report, H.H.'s mother

66 admitted to smoking marijuana and tested positive for marijuana,

67 and

68 WHEREAS, despite the department's discoveries regarding

69 risk of harm to H.H. during the investigation, the department

70 failed to thoroughly investigate the child abuse hotline report

71 by failing to speak with any persons who may have had

72 information regarding H.H.'s safety, such as family members or

73 the stepfather's probation officer, and failing to request

74 relevant records and to refer the family to appropriate

75 services, and

76 WHEREAS, despite the department's knowledge of the

77 potential risk for harm to H.H. as a result of the initial

78 investigation, the department incorrectly assessed the danger to

79 H.H. as "no present danger" under the care of her mother and

80 stepfather, and

81 WHEREAS, on June 2, 2017, while the initial investigation

82 remained open, the department received a second child abuse

83 hotline report regarding H.H., alleging substance misuse by the

84 mother and stepfather and neglect of H.H. by the mother, and

85 WHEREAS, between June 2 and June 28, 2017, the department

86 failed to investigate the allegations of the second abuse

87 report, failing to conduct a home visit at the family's

88 residence to observe H.H. and failing to refer the family to

89 appropriate services, and

90 WHEREAS, on June 28, 2017, the department visited a motel

91 to which the family had relocated, but failed to conduct any

92 additional investigation in connection with the second abuse

93 report, and

94 WHEREAS, on July 2, 2017, the department closed both

95 investigations with no findings without conducting a thorough

96 investigation or ensuring H.H.'s safety, and

97 WHEREAS, on September 4, 2017, only 2 months after closing

98 the first two cases alleging abuse of H.H., the department

99 received four additional child abuse hotline reports regarding

100 severe abuse and neglect of H.H., and

101 WHEREAS, on September 4, 2017, H.H. was admitted to the

102 hospital with life-threatening injuries, and

103 WHEREAS, upon admission to the hospital, H.H. was

104 unconscious and unresponsive; had a severe traumatic head

105 injury; had multiple areas of bleeding in her brain; had severe

106 brain swelling caused by repetitive abusive head trauma; had eye

107 injuries; was in respiratory failure requiring ventilator

108 support; was placed in a medically induced coma; underwent two

109 cranioplasties to remove parts of her skull to allow her brain

110 swelling to go down; received various other intensive medical

111 interventions and treatment; and was determined to be the victim

112 of severe, prolonged, repeated, life-threatening physical abuse

113 that caused permanent damage, and

114 WHEREAS, due to the significance of her injuries, H.H.

115 remained in the hospital for 109 days, and

116 WHEREAS, a law enforcement investigation determined that

117 H.H. had been physically abused, neglected, and tortured by her

118 mother and stepfather, and

119 WHEREAS, the department only removed H.H. from her mother's

120 care and placed her in its custody after the law enforcement

121 investigation, and

122 WHEREAS, as a result of the law enforcement investigation,

123 H.H.'s mother was charged with and convicted of aggravated child

124 abuse and child neglect causing great bodily harm and was

125 sentenced to 40 years in prison, and H.H.'s stepfather was

126 charged with and convicted of possession of a firearm by a

127 convicted felon, aggravated child abuse, and child abuse and

128 child neglect causing great bodily harm and was sentenced to 25

129 years in prison, and

130 WHEREAS, as a consequence of the department's negligence

131 and failure to take protective action, H.H. suffered

132 catastrophic and permanent injuries, including, but not limited

133 to, permanent traumatic brain damage, cerebral palsy,

134 encephalomalacia, ventriculomegaly, profound developmental

135 delays, inability to walk or talk, inability to sit up

136 independently, dysphagia, inability to eat without use of a

137 feeding tube, posttraumatic epilepsy and seizures that

138 necessitated surgery and the implantation of a vagus nerve

139 stimulation device in her chest, spasticity,

140 neurostorming/autonomic dysfunction, obstructive sleep apnea,

141 chronic constipation and gastroesophageal reflux disease, and

142 chronic lung disease/restrictive lung disease, and

143 WHEREAS, H.H. has also been treated for acute respiratory

144 failure, anemia, transaminitis, hyperglycemia, fevers,

145 tachycardia, candida stomatitis, and acute tracheitis, and

146 WHEREAS, in November 2022, H.H. underwent corpus

147 callosotomy surgery to treat seizures that were occurring

148 multiple times daily, and she had another brain surgery in

149 January 2025, and

150 WHEREAS, H.H. will require additional brain surgical

151 procedures in the future and will be catheterized to assist with

152 urination, and

153 WHEREAS, H.H.'s care is monitored by multiple physicians,

154 including specialists in pediatrics, palliative care, neurology,

155 neurosurgery, gastroenterology, pulmonology, orthopedics, and

156 urology, and

157 WHEREAS, H.H. receives physical therapy, occupational

158 therapy, and speech therapy, and

159 WHEREAS, H.H. requires and will continue to require

160 constant care, monitoring, supervision, various therapies,

161 multiple specialist services, and supportive care throughout the

162 remainder of her life, and

163 WHEREAS, as the state agency charged under chapter 39,

164 Florida Statutes, with operating the child welfare system in

165 this state, including conducting child protective investigations

166 to ensure child safety and to prevent further harm to children,

167 the department failed in its duty to ensure H.H.'s safety and

168 protect her from harm, and

169 WHEREAS, following a jury trial, a verdict was rendered on

170 December 8, 2023, in the amount of $15 million in favor of H.H.,

171 and

172 WHEREAS, the jury found that, but for the department's

173 negligence in failing to complete a thorough child protective

174 investigation to ensure H.H.'s safety and to protect H.H. from

175 further abuse and neglect, which was its primary duty, H.H.

176 would not have suffered catastrophic and permanent injuries, and

177 WHEREAS, $200,000 of the jury award was recovered from the

178 department, which has exhausted the sovereign immunity limits

179 set forth in s. 768.28, Florida Statutes, and

180 WHEREAS, the trial court entered a cost judgment awarding

181 taxable costs in the amount of $126,639.56 to H.H., to be paid

182 by the department, and

183 WHEREAS, a total of $14,926,639.56, representing $14.8

184 million in excess of the sovereign immunity limits and

185 $126,639.56 in costs awarded to H.H., plus interest, remains

186 unpaid by the department, and

187 WHEREAS, H.H. is responsible for payment of attorney fees

188 and all remaining costs and expenses relating to this claim,

189 subject to the limitations set forth in this act, NOW,

190 THEREFORE,

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

194 Section 1. The facts stated in the preamble to this act

195 are found and declared to be true.

196 Section 2. The sum of $14,926,639.56 is appropriated from

197 the General Revenue Fund to the Department of Children and

198 Families for the relief of H.H. for injuries and damages

199 sustained as a result of the department's negligence.

200 Section 3. The Chief Financial Officer is directed to draw

201 a warrant in favor of H.H., payable to an irrevocable trust

202 created for the exclusive use and benefit of H.H., in the sum of

203 $14,926,639.56 upon funds of the Department of Children and

204 Families in the State Treasury and to pay the same out of such

205 funds in the State Treasury.

206 Section 4. It is the intent of the Legislature that all

207 government liens, including Medicaid liens, resulting from the

208 treatment and care of H.H. for the occurrences described in this

209 act be waived and paid by the state.

210 Section 5. The amount paid by the Department of Children

211 and Families pursuant to s. 768.28, Florida Statutes, and the

212 amount awarded under this act are intended to provide the sole

213 compensation for all present and future claims arising out of

214 the factual situation described in this act which resulted in

215 injuries and damages to H.H. The total amount paid for attorney

216 fees relating to this claim may not exceed 25 percent of the

217 total amount awarded under this act.

218 Section 6. This act shall take effect upon becoming a law.