Senate Bill sb0042c1

    Florida Senate - 2001                             CS for SB 42

    By the Committee on Finance and Taxation; and Senators
    Campbell, Diaz de la Portilla and Pruitt




    314-1710-01

  1                      A bill to be entitled

  2         An act for the relief of the Guardianship of

  3         Kimberly Godwin; providing an appropriation to

  4         compensate her for injuries she sustained as a

  5         result of the negligence of the Department of

  6         Children and Family Services; specifying use of

  7         funds; requiring a reversion of funds to the

  8         state; providing an effective date.

  9

10         WHEREAS, Kimberly Godwin is a profoundly retarded young

11  woman who was being cared for in a group home that was

12  licensed and supervised by the Department of Children and

13  Family Services, and

14         WHEREAS, she has the IQ of a young child, is nonverbal,

15  is incontinent, and stands 3 feet 11 inches tall, and

16         WHEREAS, in August 1985, Kimberly Godwin was

17  transferred to the Schenck Group Home in Ft. Pierce, Florida,

18  based on recommendations by the department due to a confirmed

19  abuse report that she was beaten and abused at another

20  facility under the department's supervision, and

21         WHEREAS, the Schenck Group Home was licensed,

22  supervised, and operated by the department and its employees

23  or agents, and

24         WHEREAS, Kimberly Godwin received burns on her upper

25  thigh which were inflicted on her while she was residing at

26  the department's group home in 1989 and the department admits

27  that the burns were caused by its violation of the Bill of

28  Rights for the Developmentally Disabled and by its negligence,

29  and

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    Florida Senate - 2001                             CS for SB 42
    314-1710-01




  1         WHEREAS, a Ft. Pierce jury determined that Kimberly

  2  Godwin suffered noneconomic damages of $500,000 as a result of

  3  that abuse, and

  4         WHEREAS, from 1990 through 1991, teachers at Kimberly

  5  Godwin's school suspected, due to her missed menstrual cycle

  6  and other signs of abuse, that she was being abused and raped,

  7  and

  8         WHEREAS, the department admits that in September 1991

  9  it violated Kimberly Godwin's rights and that because of its

10  negligence Kimberly was raped and impregnated by the group

11  home operator's 16-year-old son, who was not supposed to

12  reside in the house, and

13         WHEREAS, a Ft. Pierce jury determined that Kimberly

14  Godwin suffered noneconomic damages of $1 million for the

15  sexual battery and impregnation, and

16         WHEREAS, the department has admitted that it violated

17  Kimberly Godwin's rights and was negligent for failing to

18  discover her pregnancy until she was over 20 weeks pregnant,

19  and

20         WHEREAS, Kimberly was denied prompt and appropriate

21  medical care because the department and the group home did not

22  want her pregnancy revealed, and

23         WHEREAS, a Ft. Pierce jury determined that Kimberly

24  Godwin suffered $500,000 in noneconomic damages as a result of

25  this abuse, and

26         WHEREAS, after Kimberly Godwin's pregnancy was known to

27  the department, the department continued her in the care and

28  custody of the same group home and failed to notify her

29  parents of her pregnancy, and

30         WHEREAS, when her parents were notified by a Guardian

31  Ad Litem for Kimberly, her mother, Darlene Godwin, who is now

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    Florida Senate - 2001                             CS for SB 42
    314-1710-01




  1  deceased, removed Kimberly from the custody of the

  2  department's group home, at which time Kimberly was suffering

  3  from pneumonia, anemia, and dehydration as a result of

  4  continued abuse and neglect and was taken to the hospital by

  5  her mother and was hospitalized, and

  6         WHEREAS, her condition was so poor that the doctors

  7  performed blood transfusions and suspected that she had

  8  leukemia, and

  9         WHEREAS, the department admits that its negligence

10  caused Kimberly's deteriorating medical condition, and a jury

11  determined that Kimberly Godwin suffered $1 million in

12  noneconomic damages as a result of this abuse, and

13         WHEREAS, because of her medical condition, it was

14  determined that Kimberly Godwin could not safely give birth to

15  a child, and a circuit court ordered a therapeutic abortion to

16  protect Kimberly Godwin's life, and

17         WHEREAS, the jury also determined that Kimberly Godwin

18  suffered $5 million in economic damages caused by her rape and

19  impregnation, and

20         WHEREAS, at trial, the jury heard unrefuted testimony

21  that Kimberly Godwin requires extraordinary services, which

22  are not being provided, because of her abuse, and

23         WHEREAS, the jury determined that Kimberly Godwin's

24  abuse has made her incapable of living in a group home

25  environment, thus increasing the cost for her habilitative

26  care over her entire lifetime, estimated to be 51 years, and

27         WHEREAS, Kimberly is residing with her father, Jimmy

28  Godwin, and her family is committed to providing individual

29  home care to ensure her safety, and

30         WHEREAS, on March 28, 2000, a jury awarded the

31  Guardianship of Kimberly Godwin a total of $8 million in

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    Florida Senate - 2001                             CS for SB 42
    314-1710-01




  1  damages plus $21,555.30 in costs, and $5 million was awarded

  2  for the economic damages and $3 million for her pain and

  3  suffering and abuse that continued from 1989 until her removal

  4  from the department's custody in 1992, and

  5         WHEREAS, on April 12, 2000, the trial court entered a

  6  Final Judgment of $8 million against the Department of

  7  Children and Family Services, and

  8         WHEREAS, on April 19, 2000, the trial judge denied the

  9  department's motions for new trial and remittitur, and the

10  department did not appeal either the jury's verdict or the

11  court's order upholding the verdict, and

12         WHEREAS, the Department of Children and Family Services

13  has paid Kimberly Godwin $400,000 pursuant to the limits of

14  liability set forth in section 768.28, Florida Statutes, NOW,

15  THEREFORE,

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

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

20  act are found and declared to be true.

21         Section 2.  There is appropriated from the State

22  Treasury the sum of $7,600,000 to be paid to the Guardianship

23  of Kimberly Godwin, Jimmy Godwin, Guardian, as relief to

24  Kimberly Godwin as provided in this section.

25         (1)  On June 1, 2001, the Comptroller is directed to

26  draw a warrant in favor of the Guardianship of Kimberly

27  Godwin, Jimmy Godwin, Guardian, in the sum of $3,600,000 out

28  of nonrecurring General Revenue.

29         (2)  On June 1 of each succeeding year in 2002, 2003,

30  2004, and 2005, the Comptroller is directed to draw a warrant

31  from nonrecurring General Revenue in the sum of $1,000,000

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    Florida Senate - 2001                             CS for SB 42
    314-1710-01




  1  payable to the Guardianship of Kimberly Godwin, Jimmy Godwin,

  2  Guardian, to be placed in a special needs trust created for

  3  the exclusive use and benefit of Kimberly Godwin.

  4         (3)  It is the intent of the Legislature that no amount

  5  over $5,000 per month be withdrawn from the special needs

  6  trust without prior court order upon a finding of

  7  appropriateness. Furthermore, upon this act becoming a law, a

  8  certified copy of this act shall be forwarded to the Liberty

  9  County Clerk of Court and included in Kimberly Godwin's

10  guardianship file.

11         (4)  Upon Kimberly Godwin's death, any funds remaining

12  in the special needs trust after payment of any outstanding

13  medically related debt shall revert to the State Treasury of

14  the State of Florida and be credited to the Department of

15  Children and Family Services.

16         Section 3.  This act shall take effect upon becoming a

17  law.

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                              SB 42

21

22  The committee substitute provides for a payment of $7,600,000
    and changes the source of funds to nonrecurring general
23  revenue; provides for the funds to be paid over 5 years into a
    special needs trust created for the exclusive use and benefit
24  of Kimberly Godwin; specifies intent that the court be
    petitioned for withdrawals over $5,000 per month; and provides
25  intent that any funds remaining upon Kimberly Godwin's death
    revert to the state's general fund.
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