Florida Senate - 2014 (NP) SB 46 By Senator Ring 29-00113A-14 201446__ 1 A bill to be entitled 2 An act for the relief of L.T., a minor; providing an 3 appropriation to compensate L.T. for injuries and 4 damages sustained as a result of the negligence of 5 employees of the Department of Children and Families, 6 formerly known as the Department of Children and 7 Family Services; providing a limitation of the payment 8 of fees and costs; providing an effective date. 9 10 WHEREAS, on August 15, 1995, the Department of Children and 11 Families removed 14-month-old L.T. and her infant brother from 12 their mother’s custody because they were not receiving adequate 13 care, and 14 WHEREAS, the Department of Children and Families 15 temporarily placed the children into the home of the children’s 16 great aunt and uncle, Vicki and Eddie Thomas, and 17 WHEREAS, a background check that was conducted shortly 18 after L.T. and her brother were placed in the Thomases’ home 19 indicated that Mr. Thomas had once been convicted of a 20 misdemeanor and possession of narcotics equipment, and 21 WHEREAS, the background check also revealed that Ms. Thomas 22 had been charged with, but apparently not convicted of, larceny, 23 and 24 WHEREAS, the background check did not reveal any prior 25 history of violence, sex offenses, or child abuse, and 26 WHEREAS, the Department of Children and Families conducted 27 a home study, interviews, and an investigation, concluded that 28 the Thomases were capable of providing a safe and loving home 29 for L.T. and her brother, and approved the placement, and 30 WHEREAS, on August 21, 1996, approximately 1 year after 31 L.T. and her brother had been placed in the Thomases’ home, Mr. 32 Thomas was charged with committing a lewd and lascivious act on 33 a child under the age of 16, and 34 WHEREAS, the alleged victim was the 13-year-old daughter of 35 a woman with whom Mr. Thomas was having an extramarital affair, 36 and the state later amended the charge to add a count for sexual 37 battery on a child by a familial or custodial authority, and 38 WHEREAS, after two hung jury trials in January and March of 39 1997, Mr. Thomas pled no contest in April 1997, to committing a 40 lewd, lascivious, and indecent act on a child under the age of 41 16, and 42 WHEREAS, Mr. Thomas was sentenced to 5 years’ probation and 43 required to attend sex offender classes and register as a sex 44 offender, and 45 WHEREAS, on May 9, 1997, 1 month after Mr. Thomas entered 46 his plea and was convicted of a child sex crime, the Department 47 of Children and Families recommended, and the judge approved, an 48 order allowing Mr. Thomas to return home and have unsupervised 49 contact with the children, and 50 WHEREAS, although the policies of the Department of 51 Children and Families barred Mr. Thomas from being able to adopt 52 a child because of his conviction for a sex act with a child and 53 for his sex offender status, the policies did not prohibit the 54 continued placement of L.T. and her brother in the Thomases’ 55 home, and so the children remained with the Thomases, and 56 WHEREAS, the Department of Children and Families 57 subsequently recommended to the court the permanent, long-term 58 placement of L.T. and her brother in the Thomases’ home and 59 further recommended that the children be removed from protective 60 services, with no further supervision by the department, and 61 WHEREAS, on March 3, 2000, following the recommendation of 62 the Department of Children and Families, the court approved L.T. 63 and her brother’s long-term placement with the Thomases and 64 removed the children from continued protective services, and 65 WHEREAS, on March 24, 2003, an abuse hotline call to the 66 Department of Children and Families reported that L.T. was being 67 abused by Mr. Thomas and that both Mr. and Ms. Thomas were using 68 drugs in the children’s presence, and 69 WHEREAS, the next day a child protective investigator for 70 the Department of Children and Families interviewed L.T. and her 71 brother while in the presence of Ms. Thomas, and neither child 72 was asked to be interviewed outside Ms. Thomas’s presence, and 73 WHEREAS, L.T. and her brother denied the abuse allegations 74 while Ms. Thomas watched and listened to them, and 75 WHEREAS, results from new background checks and drug 76 screens were negative, and the Department of Children and 77 Families concluded that L.T. and her brother were not at risk of 78 abuse and closed the case, and 79 WHEREAS, on February 24, 2005, L.T. ran away from the 80 Thomases’ home and was found by law enforcement officers, and 81 WHEREAS, L.T. ran away from home because she had been 82 repeatedly sexually and physically abused by Mr. Thomas and 83 physically, verbally, and emotionally abused for years by Ms. 84 Thomas, and 85 WHEREAS, L.T. and her brother were finally removed from the 86 Thomases’ home in 2005, and 87 WHEREAS, since then, L.T. has been the subject of repeated 88 Baker Act proceedings and suicide attempts and has been in and 89 out of inpatient and outpatient psychiatric facilities, and 90 WHEREAS, L.T. has been seen and treated by physicians and 91 mental health care professionals who have diagnosed her with 92 depression, posttraumatic stress disorder, anxiety disorder, and 93 other disorders attributed to her trauma, and 94 WHEREAS, although L.T. struggles with the symptoms of 95 posttraumatic stress disorder, depression, and anxiety, she is 96 now 19 years of age, attends a university in this state, and 97 supports herself with part-time employment as she works toward 98 her goal of becoming a mental health care professional to help 99 children who have been abused, neglected, or traumatized, and 100 WHEREAS, a lawsuit was brought on L.T.’s behalf in state 101 and federal courts alleging negligence pursuant to s. 768.28, 102 Florida Statutes, and civil rights violations pursuant to 42 103 U.S.C. s. 1983, and 104 WHEREAS, the civil rights claims were disposed of by the 105 trial court, but the negligence claims continued to be litigated 106 and a jury trial of the case was set in Leon County, and 107 WHEREAS, the parties attended a court-ordered mediation and 108 on June 21, 2010, the parties agreed to a mediated settlement 109 under which L.T. shall receive $1 million, of which $200,000 was 110 paid and the balance of $800,000 shall be submitted through a 111 claim bill that the Department of Children and Families agrees 112 to support, NOW, THEREFORE, 113 114 Be It Enacted by the Legislature of the State of Florida: 115 116 Section 1. The facts stated in the preamble to this act are 117 found and declared to be true. 118 Section 2. There is appropriated from the General Revenue 119 Fund to the Department of Children and Families the sum of 120 $800,000 for the relief of L.T. for the injuries and damages she 121 sustained. After payment of attorney fees and costs, lobbying 122 fees, other similar expenses relating to this claim, outstanding 123 medical liens, and other immediate needs, the remaining funds 124 shall be placed into a special needs trust created for the 125 exclusive use and benefit of L.T. 126 Section 3. The Chief Financial Officer is directed to draw 127 a warrant in the sum of $800,000, payable to L.T., upon funds in 128 the State Treasury to the credit of the Department of Children 129 and Families, and the Chief Financial Officer is directed to pay 130 the same out of such funds in the State Treasury not otherwise 131 appropriated. 132 Section 4. The amount awarded pursuant to the waiver of 133 sovereign immunity under s. 768.28, Florida Statutes, and the 134 amount awarded under this act are intended to provide the sole 135 compensation for all present and future claims arising out of 136 the factual situation described in the preamble to this act 137 which resulted in the injuries and damages to L.T. The total 138 amount paid for attorney fees, lobbying fees, costs, and other 139 similar expenses relating to this claim may not exceed 25 140 percent of the total amount awarded under this act. 141 Section 5. This act shall take effect upon becoming a law.