Senate Bill 0004er

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    1999 Legislature                           SB 4, 1st Engrossed



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  2         An act for the relief of Joseph Bellamy Farver;

  3         providing an appropriation to compensate him

  4         for injuries and damages sustained as a result

  5         of the negligence of the Department of Children

  6         and Family Services, formerly the Department of

  7         Health and Rehabilitative Services; providing

  8         for reimbursement of all unreimbursed medical

  9         payments made by Medicaid up to the date that

10         this bill becomes a law; providing an effective

11         date.

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13         WHEREAS, Joseph Bellamy Farver was born Joseph Bellamy

14  on May 16, 1985, at Broward General Medical Center in Broward

15  County, Florida, and

16         WHEREAS, although Joseph Bellamy was healthy and normal

17  and was seen by pediatricians as he met his normal development

18  goals for the first three to five months of his life, Joseph

19  Bellamy's parents possessed borderline intelligence levels,

20  were emotionally unstable, and could not handle their son, and

21         WHEREAS, it became evident to friends and neighbors of

22  the Bellamy family that Joseph Bellamy was abused, and

23         WHEREAS, between August 1985 and November 1985,

24  twenty-seven phone calls were placed to the State of Florida

25  Department of Health and Rehabilitative Services regarding

26  Joseph Bellamy, and on all occasions the Department of Health

27  and Rehabilitative Services failed to protect Joseph Bellamy

28  from child abuse, as was their duty and responsibility, and

29         WHEREAS, on October 22, 1985, the Department of Health

30  and Rehabilitative Services received a telephone call

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    1999 Legislature                           SB 4, 1st Engrossed



  1  informing them that Joseph Bellamy had been slapped, hit,

  2  picked up by one arm, and thrown across a bed, and

  3         WHEREAS, in response to the call, the Department of

  4  Health and Rehabilitative Services did nothing, and

  5         WHEREAS, the rules and regulations of the former

  6  Department of Health and Rehabilitative Services required the

  7  department to conduct a home visit pursuant to such a call and

  8  that the child be seen within 24 hours of the receipt of a

  9  telephone call by the department alleging child abuse, and

10         WHEREAS, on November 6, 1985, Joseph Bellamy was

11  admitted to Broward General Medical Center with bruises all

12  over his body, having been shaken, having been brain-damaged

13  to the point where he had retinal hemorrhages, hemorrhages in

14  his eyes, a brain hemorrhage, and being in a coma as a result

15  of physical abuse inflicted by his parents, and

16         WHEREAS, the former Department of Health and

17  Rehabilitative Services knew or should have known that such

18  injuries would occur to Joseph Bellamy because they received

19  telephone calls from friends and relatives of Joseph Bellamy,

20  including Joseph Bellamy's grandparents, informing the

21  department that "the parents were retarded," and

22         WHEREAS, it is clear that the former Department of

23  Health and Rehabilitative Services, its investigators, and its

24  counselors should have performed their duty by removing Joseph

25  Bellamy from the Bellamy home, thus protecting Joseph Bellamy

26  from abuse, beatings, and brain damage, and

27         WHEREAS, had Joseph Bellamy been taken into protective

28  custody, the terrible physical problems from which he now

29  suffers would never have occurred, and

30         WHEREAS, Joseph Bellamy Farver will suffer severe

31  neurological medical conditions for the remainder of his life,


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    1999 Legislature                           SB 4, 1st Engrossed



  1  as well as other irreversible and permanent medical

  2  conditions, and

  3         WHEREAS, Joseph Bellamy Farver has bilateral subdural

  4  hematomas, left parietal intraparenchymal hemorrhage, and

  5  subarachnoid hemorrhages, and

  6         WHEREAS, Joseph Bellamy Farver has a communicating

  7  hydrocephalus with a post right ventricular peritoneal shunt,

  8  and

  9         WHEREAS, Joseph Bellamy Farver has a seizure disorder,

10  secondary to his head injury, and

11         WHEREAS, Joseph Bellamy Farver has multiple

12  contractures of his heel cords, his hamstrings, his hips, and

13  his elbows, and

14         WHEREAS, Joseph Bellamy Farver is profoundly retarded

15  but capable of interacting and showing emotions and responses,

16  and

17         WHEREAS, the number of seizures which Joseph Bellamy

18  Farver experiences are increasing, and

19         WHEREAS, Joseph Bellamy Farver takes 30-milligram

20  tablets of phenobarbital five times a day for his seizures,

21  and

22         WHEREAS, Joseph Bellamy Farver takes 2 milligrams of

23  valium for assistance in sleeping, and

24         WHEREAS, Joseph Bellamy Farver also takes 125

25  milligrams of valporic acid four times a day, and

26         WHEREAS, Joseph Bellamy Farver receives physical

27  therapy, occupational therapy, and speech therapy on a daily

28  basis at school, and is seen on a routine basis by a

29  pediatrician, a neurologist, an orthopedist, and a

30  neurosurgeon, and

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    1999 Legislature                           SB 4, 1st Engrossed



  1         WHEREAS, following the final incident of abuse against

  2  Joseph Bellamy, Joseph Bellamy became a ward of the State of

  3  Florida, and

  4         WHEREAS, in 1993, Joseph Bellamy was adopted by Jeffrey

  5  and Helen Farver, who reside in Panama City, and

  6         WHEREAS, his adoptive parents care for him in his

  7  present condition, which requires that they tend to his every

  8  need, which is a full-time undertaking and requires more

  9  resources than they can afford, and

10         WHEREAS, a lawsuit was brought against the State of

11  Florida Department of Health and Rehabilitative Services on

12  behalf of Joseph Bellamy Farver by his court-appointed

13  guardian ad litem, and

14         WHEREAS, after a lengthy jury trial, the jury found the

15  Department of Health and Rehabilitative Services liable for

16  Joseph Bellamy Farver's injuries and awarded him damages in

17  the amount of $7,000,000, and

18         WHEREAS, the Department of Health and Rehabilitative

19  Services did not appeal the verdict, and has paid $100,000

20  pursuant to the statutory limits of liability set forth in

21  section 768.28, Florida Statutes, NOW, THEREFORE,

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

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

26  act are found and declared to be true.

27         Section 2.  There is appropriated from nonrecurring

28  general revenue the sum of $4,500,000 to be paid as relief to

29  Joseph Bellamy Farver for injuries and damages sustained.

30         Section 3.  The Comptroller shall draw a warrant from

31  nonrecurring general revenue in the sum of $4,500,000 payable


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    1999 Legislature                           SB 4, 1st Engrossed



  1  to Helen and Jeff Farver, parents and legal guardians of

  2  Joseph Bellamy Farver, to be placed in the Trust created for

  3  the benefit of Joseph Bellamy Farver, a minor, to compensate

  4  him for injuries and damages sustained. Upon the death of

  5  Joseph Bellamy Farver, the Trust balance shall revert to the

  6  general revenue of the State of Florida pursuant to the terms

  7  of the Trust agreement.

  8         Section 4.  The governmental entity responsible for

  9  payment of the warrant shall pay to the Florida Agency for

10  Health Care Administration the amount due under section

11  409.910, Florida Statutes, prior to disbursing any funds to

12  the claimant. The amount due to the agency shall be equal to

13  all unreimbursed medical payments paid by Medicaid up to the

14  date that this bill becomes a law.

15         Section 5.  This act shall take effect July 1, 1999.

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