THE BILL ITSELF
HB 6507
Relief/L.E./Department of Children and Families
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An act for the relief of L.E. by the Department of
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Children and Families; providing an appropriation to
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compensate L.E. 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; providing an effective date.
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WHEREAS, L.E. was born on July 29, 2019, and, at birth,
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tested positive for amphetamines, and
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WHEREAS, L.E.'s biological mother tested positive for
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amphetamines after the delivery of L.E., and
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WHEREAS, while at the hospital, L.E.'s biological mother
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and father engaged in a violent altercation with each other, and
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WHEREAS, shortly after L.E.'s birth, the Department of
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Children and Families received two child abuse hotline reports,
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one alleging intrafamily violence threatening L.E. and the other
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alleging drug exposure of newborn L.E., and
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WHEREAS, under s. 39.001, Florida Statutes, the department
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is charged with the duty of conducting child protective
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investigations to ensure child safety and prevent further harm
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to children and owed L.E. a duty to ensure her safety and
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prevent further harm, and
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WHEREAS, the department sent a child protective
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investigator to the hospital to initiate an investigation of the
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reported abuse, and
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WHEREAS, the department discovered that L.E.'s mother had a
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history of substance abuse, untreated mental health issues, and
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a criminal history involving violence, and
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WHEREAS, the department discovered that both L.E.'s mother
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and father had an extensive history of involvement with the
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department, including, collectively, at least 20 prior child
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abuse hotline reports, and
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WHEREAS, one of those prior reports involved egregious
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abuse of L.E.'s biological father's other daughter when she was
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not yet 6 months old, resulting in long-bone fractures, and
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WHEREAS, the department removed that daughter from the
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father's care, and
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WHEREAS, L.E.'s mother's other two biological children had
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previously been removed from her care due to verified child
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abuse, and
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WHEREAS, as L.E.'s mother placed her third child for
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adoption, she was also planning to place L.E. for adoption and
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made such arrangements before L.E.'s birth, and
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WHEREAS, shortly after L.E. was born, L.E.'s mother
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abandoned L.E. at the hospital and, against medical advice, left
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the hospital with L.E.'s father, and
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WHEREAS, an adoption specialist arrived at the hospital to
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visit L.E., and
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WHEREAS, while L.E. was still in the hospital following her
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birth, the department determined that L.E. was in "present
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danger" if left in the care of her parents and that immediate
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action was necessary to protect L.E. from further abuse or
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neglect, and
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WHEREAS, the department contracted with a child welfare
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agency and, instead of removing L.E. from her parents' care
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through a judicial process, the department and its subcontractor
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developed an out-of-home safety plan to place L.E. with a friend
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of L.E.'s mother, and
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WHEREAS, within 3 weeks after that placement, the friend
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realized that she could no longer care for L.E. and informed the
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department of this, and
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WHEREAS, despite a reassessment that established that there
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was still a "present danger" to L.E. if left in the care of her
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parents, the department relied upon information from its
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subcontracted agency, and the joint decision was made to place
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L.E. into her parents' care, and
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WHEREAS, on August 21, 2019, L.E. was placed into her
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parents' home, and
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WHEREAS, on or about September 17, 2019, less than 4 weeks
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later, the department determined that it would be closing its
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investigation, despite acknowledging that L.E.'s home situation
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was volatile and unstable and that L.E.'s mother remained
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violent and impulsive, and
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WHEREAS, the subcontractor planned to decrease its
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monitoring of L.E. and the home upon the department closing its
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investigation, and
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WHEREAS, on September 18, 2019, the subcontractor
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transitioned its services from safety management to nonjudicial
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in-home services, which inherently decreased monitoring of L.E.
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by child welfare professionals, and
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WHEREAS, on September 24, 2019, the department closed its
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investigation, despite having no evidence of change or progress
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with L.E.'s parents, and
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WHEREAS, despite the subcontractor's claims that it had
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provided services to the parents, the department expressly
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acknowledged in its own investigative summary that, at the time
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of closing its case, "[t]he home environment continues to be
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volatile and unstable on a normal basis. The fighting in the
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home will stabilize for a period of time but will always return
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to a chaotic and aggressive environment... [violent and
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impulsive behaviors] are clearly evident and severe... there
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[have] been no clear changes made to their behaviors and the
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patterns continue... [and] all of the children [including L.E.]
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are vulnerable," and
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WHEREAS, the very next day, on September 25, 2019, L.E. was
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brought to Rockledge Regional Hospital in distress and
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experiencing seizures, and
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WHEREAS, medical staff at Rockledge Regional Hospital found
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makeup covering obvious bruising across her forehead, and
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WHEREAS, doctors determined that L.E. had suffered
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catastrophic injuries from child abuse which had occurred over a
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period of time, including a parietal calvarial skull fracture; a
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left frontal parietal subdural hematoma with bilateral frontal,
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temporal, and parietal cortical edema and encephalomalacia;
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healing fractures of the left sixth and seventh ribs; a healing
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fracture of the right eighth rib; acute fractures to the right
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tenth and eleventh ribs; a pelvic fracture–left acetabular
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cortical avulsion fracture; cortical buckling of the right
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proximal tibial medial metaphysis; and multiple ecchymotic
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lesions to the forehead, and
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WHEREAS, L.E. was immediately transferred to Nemours
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Children's Hospital in Orlando and admitted in critical
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condition, due to severe organ system injury and dysfunction,
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and was diagnosed as being at risk for hypoxia, hypercarbia,
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hypotension, sepsis, shock, cardiorespiratory arrest,
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intracranial hypertension, cerebral edema, stroke, and death,
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and
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WHEREAS, L.E. was diagnosed with shaken baby syndrome
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causing traumatic brain injury, seizures, and cerebral palsy, as
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well as malnourishment, and
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WHEREAS, between August 21, 2019, and September 25, 2019,
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L.E. was subjected to repeated and severe child abuse and
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neglect while in the care of her parents, and
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WHEREAS, L.E.'s parents were arrested, charged, and
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convicted of aggravated child abuse, based upon their abuse of
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L.E. while she was in their home between August 21, 2019, and
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September 25, 2019, and
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WHEREAS, L.E. was subsequently adopted by her maternal
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grandmother and relocated to Chicago, where she is followed by a
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medical team at Lurie Children's Hospital, and
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WHEREAS, L.E. has received, and will continue to receive,
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therapeutic services across a host of disciplines, including
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occupational, physical, speech, nutritional, vision, and
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cognitive therapy, and
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WHEREAS, L.E., who just turned 6 years old, is currently
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under an individual educational plan at school for her
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disability, which has been formally classified as traumatic
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brain injury, and
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WHEREAS, L.E. requires and will continue to require
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constant care, monitoring, supervision, various therapies,
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multiple specialist services, and supportive care throughout the
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remainder of her life, which may include admission to a skilled
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residential home if her adoptive parent is no longer able to
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care for her, and
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WHEREAS, the department, charged with the responsibility
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for operating Florida's child welfare system, failed in its
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duties to ensure L.E.'s safety and protect her from harm, and
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WHEREAS, the department's negligence, in combination with
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the failures of its subcontracted agency, resulted in
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catastrophic brain injury that will have a significant impact on
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L.E. for the remainder of her life, and
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WHEREAS, the department agreed to resolve L.E.'s claims
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against the department through a negotiated settlement in the
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Circuit Court for the 18th Judicial Circuit in and for Brevard
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County, under case number 05-2022-CA-033685, in the total amount
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of $4 million, and
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WHEREAS, the settlement agreement required that the
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department make an initial payment of $200,000, which is the
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maximum amount allowed under the sovereign immunity limitations
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imposed under s. 768.28, Florida Statutes; and that the
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remaining $3.8 million be paid contingent upon the passage and
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funding of this claim bill, which the department has expressly
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agreed it does not and will not oppose, and
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WHEREAS, on July 9, 2024, the settlement agreement was
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approved by the circuit court, and, with the department's
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agreement and consent, a final judgment was entered against the
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department in the amount of $4 million pursuant to the
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negotiated settlement, and
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WHEREAS, L.E.'s civil claims against the subcontracted
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child welfare agency remain pending, 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 $3.8 million is appropriated from
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the General Revenue Fund to the Department of Children and
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Families for the relief of L.E. for injuries and damages
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sustained as a result of the negligence of the department.
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Section 3. The Chief Financial Officer is directed to draw
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a warrant in favor of L.E., payable to the irrevocable trust
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which has already been created for the exclusive use and benefit
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of L.E., in the sum of $3.8 million upon funds of the Department
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of Children and Families in the State Treasury and to pay the
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same out of such funds in the State Treasury.
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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 against the
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department arising out of the factual situation described in
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this act which resulted in injuries and damages to L.E. The
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total amount paid for attorney fees relating to this claim
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against the department may not exceed 25 percent of the total
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amount awarded under this act.
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Section 5. This act shall take effect upon becoming a law.