Florida Senate - 2013 SB 190 By Senator Hukill 8-00489A-13 2013190__ 1 A bill to be entitled 2 An act for the relief of Angela Sozzani; requiring 3 that the Department of Children and Families request 4 up to a certain amount in its annual legislative 5 budget request each fiscal year to compensate Angela 6 Sozzani for injuries and damages she sustained as a 7 result of the negligence of employees of the 8 Department of Children and Families; authorizing the 9 department to request additional funds under 10 extraordinary circumstances; providing for the 11 reversion of funds; providing that Angela Sozzani’s 12 attorneys have represented her pro bono and fees and 13 costs have not been awarded; providing an effective 14 date. 15 16 WHEREAS, Angela Sozzani, whose date of birth is April 21, 17 2000, was in the legal custody of the Department of Children and 18 Families (formerly known as the Department of Children and 19 Family Services) and had been placed in the medical foster home 20 of Ronald and Joyce Bryson on February 6, 2001, and 21 WHEREAS, Ronald Bryson and Joyce Bryson were each licensed 22 by the Department of Children and Families to provide foster 23 care pursuant to s. 409.175, Florida Statutes, and 24 WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were 25 providing foster care to three medically needy foster children 26 and after-school care to their two special-needs grandchildren, 27 even though their foster home was licensed by the Department of 28 Children and Families to provide care for only two children, and 29 WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were 30 hosting a party and allowed their two grandchildren to swim in 31 their swimming pool without adult supervision, and 32 WHEREAS, on April 17, 2002, Angela Sozzani, who was nearly 33 2 years of age and was not being supervised, wandered out the 34 open patio door to the pool and fell into the swimming pool, 35 nearly drowning, and 36 WHEREAS, Angela Sozzani experienced a severe hypoxic 37 ischemic encephalopathy, secondary to a near drowning, and, as a 38 result, is forever dependent on receiving 24-hour medical and 39 supportive care, and 40 WHEREAS, a lawsuit was filed on behalf of Angela Sozzani in 41 Pinellas County against the Department of Children and Families, 42 Ronald and Joyce Bryson, Family Continuity Program, Inc., and 43 Help a Child, Inc., and 44 WEHREAS, Angela Sozzani’s claim against Ronald and Joyce 45 Bryson is based on each person’s failure to properly supervise 46 Angela and their failure to follow rules of the Department of 47 Children and Families, and 48 WHEREAS, Angela Sozzani’s claim against Family Continuity 49 Program, Inc., which was the lead agency in Pinellas County 50 pursuant to s. 409.1671, Florida Statutes, during the period 51 that Angela was placed in the Bryson home, is based on the 52 entity’s failure to comply with rules of the Department of 53 Children and Families, failure to perform monthly home visits, 54 failure to ensure Angela’s safety in the Bryson foster home, and 55 failure to report the licensing violations that were observed in 56 the Bryson foster home, and 57 WHEREAS, Angela Sozzani’s claim against Help a Child, Inc., 58 which was the private entity that contracted with the Department 59 of Children and Families to oversee the operation of the medical 60 foster care program through which the Brysons were licensed, is 61 based on the entity’s failure to properly oversee and manage the 62 Bryson foster home, failure to train Ronald and Joyce Bryson, 63 failure to comply with rules of the Department of Children and 64 Families, and failure to report the licensing violations that 65 were observed in the Bryson foster home, and 66 WHEREAS, Angela Sozzani’s claim against the Department of 67 Children and Families is based on the department’s failure to 68 follow its own operating procedures and guidelines with respect 69 to the licensure of the Bryson foster home, which the department 70 knew or should have known would be a dangerous environment to 71 all children, including Angela Sozzani, and 72 WHEREAS, as a disabled person, Angela Sozzani is in need of 73 funds necessary for her care, and 74 WHEREAS, Angela Sozzani continues to need 24-hour medical 75 care and treatment as a result of the actions giving rise to 76 this claim, and 77 WHEREAS, Robert F. Cullen, Jr., M.D., F.A.A.P., Director 78 Emeritus of Child Neurology of Miami Children’s Hospital, has 79 reported that, with optimum medical care, Angela Sozzani’s life 80 expectancy will be approximately 20 to 30 years, and 81 WHEREAS, Angela Sozzani and Family Continuity Program, 82 Inc., and Help a Child, Inc., have conditionally reached a 83 settlement for the limits of each entity’s available insurance, 84 and 85 WHEREAS, pursuant to s. 409.175(15), Florida Statutes, any 86 person who owns and operates a family foster home for the 87 Department of Children and Families, including Ronald and Joyce 88 Bryson, is provided coverage through the Division of Risk 89 Management of the Department of Financial Services, as provided 90 in ss. 284.38 and 284.385, Florida Statutes, and 91 WHEREAS, Angela Sozzani and Ronald and Joyce Bryson have 92 reached a settlement, and 93 WHEREAS, the Department of Children and Families has agreed 94 to tender on behalf of Ronald and Joyce Bryson $100,000 pursuant 95 to s. 409.175(15), Florida Statutes, to compensate Angela 96 Sozzani for damages, and provide a basis for this claim bill, 97 and 98 WHEREAS, a special needs trust has been established for the 99 exclusive benefit and use of Angela Sozzani, and 100 WHEREAS, the net settlement proceeds from each defendant 101 will be deposited into the special needs trust, and 102 WHEREAS, Angela Sozzani is currently eligible for and 103 receiving Medicaid, which is funding her placement, treatment, 104 and care costs, and 105 WHEREAS, if Medicaid does not provide any medically 106 necessary and appropriate health care services, as determined by 107 Angela Sozzani’s treatment team, such services will be paid for 108 using assets from the special needs trust, and 109 WHEREAS, the Department of Children and Families supports 110 this act to ensure that Angela Sozzani has the funding and 111 resources necessary to obtain all medically necessary and 112 appropriate health care for her entire life, and 113 WHEREAS, because it is unknown how long Angela Sozzani will 114 actually live and if her medically necessary and appropriate 115 health care will be provided through Medicaid, the Department of 116 Children and Families has agreed to request in its annual 117 legislative budget request funds to replenish any funds that are 118 expended by the special needs trust to provide for Angela’s 119 placement costs and medical care and treatment which are not 120 funded by Medicaid, and 121 WHEREAS, upon the death of Angela Sozzani, any proceeds 122 remaining in her special needs trust shall first be used to 123 satisfy the Medicaid lien, together with any additional amounts 124 owed pursuant to the lien, and the remainder shall be paid to 125 the General Revenue Fund, NOW, THEREFORE, 126 127 Be It Enacted by the Legislature of the State of Florida: 128 129 Section 1. The facts stated in the preamble to this act are 130 found and declared to be true. 131 Section 2. The Department of Children and Families shall 132 include in its annual legislative budget request for each fiscal 133 year a request for a specific amount to replenish the special 134 needs trust of Angela Sozzani up to $180,000, to the extent that 135 any funds in the special needs trust have been expended for 136 Angela Sozzani’s placement costs and medical care and treatment. 137 As part of its initial request, the department shall include all 138 funds expended after the date upon which the special needs trust 139 was established through the date of the initial request. 140 Section 3. The Department of Children and Families may, 141 under extraordinary circumstances, request in its annual 142 legislative budget request funds in excess of the limit provided 143 in section 2 of this act to replenish funds in the special needs 144 trust which are expended for Angela Sozzani’s placement costs 145 and medical care and treatment. 146 Section 4. Upon the death of Angela Sozzani, any proceeds 147 remaining in her special needs trust shall first be used to 148 satisfy the Medicaid lien, together with any additional amounts 149 owed pursuant to the lien, and the remainder shall revert to the 150 General Revenue Fund. 151 Section 5. Attorney fees, lobbying fees, costs, and other 152 similar expenses relating to this claim have not been awarded 153 since Angela Sozzani’s attorneys have provided pro bono 154 representation. 155 Section 6. This act shall take effect upon becoming a law.