Senate Bill 0038

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999        (NP)                        SB 38

    By Senator Kirkpatrick





    4-51-99

  1                      A bill to be entitled

  2         An act relating to the Department of Children

  3         and Family Services; providing for the relief

  4         of Mr. Walter S. McAdams, Jr.; providing an

  5         effective date.

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  7         WHEREAS, on May 12, 1994, Mr. Walter S. McAdams, Jr.,

  8  was notified by the Department of Health and Rehabilitative

  9  Services, now the Department of Children and Family Services,

10  that his children had been taken into protective custody, and

11         WHEREAS, on March 13, 1995, after a 3-day hearing, the

12  trial judge dismissed the department's petition for dependency

13  based on alleged sexual abuse, and

14         WHEREAS, on November 17, 1995, the trial judge denied

15  Mr. McAdams' motion to tax court costs in the litigation, and

16         WHEREAS, the First District Court of Appeal

17  subsequently awarded taxable costs in the amount of $15,686.39

18  to be paid by the Department of Children and Family Services,

19  and

20         WHEREAS, the present and projected future costs of the

21  McAdams family for attorney's fees, transportation costs, lost

22  wages, and therapy for the children, as a result of the

23  litigation initiated by the Department of Children and Family

24  Services, amounts to $217,310.14, NOW, THEREFORE,

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

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28         Section 1.  The facts stated in the preamble to this

29  act are found and declared to be true.

30         Section 2.  The sum of $217,310.14, is appropriated out

31  of funds in the State Treasury to the credit of the Department

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999        (NP)                        SB 38
    4-51-99




  1  of Children and Family Services to be paid to Mr. Walter S.

  2  McAdams, Jr., for present and projected future costs incurred

  3  as a result of litigation initiated by the Department of

  4  Children and Family Services.

  5         Section 3.  The Comptroller is directed to draw a

  6  warrant in favor of Mr. Walter S. McAdams, Jr., in the sum of

  7  $217,310.14 upon funds in the State Treasury to the credit of

  8  the Department of Children and Family Services, and the State

  9  Treasurer is directed to pay that amount out of those funds.

10         Section 4.  This act shall take effect upon becoming a

11  law.

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14                          SENATE SUMMARY

15    Provides for the relief of Mr. Walter S. McAdams, Jr.,
      for costs incurred as a result of litigation initiated by
16    the Department of Children and Family Services.

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