Senate Bill sb0064

    Florida Senate - 2001        (NP)                        SB 64

    By Senator Mitchell





    4-59-01

  1                      A bill to be entitled

  2         An act for the relief of Kathleen McCarthy

  3         individually and Kathleen McCarthy as personal

  4         representative of the Estate of Laura Bailey,

  5         deceased; George Decker and Joan Decker

  6         individually and as co-personal representatives

  7         of the Estate of Christina Decker; William

  8         Chapman and Geraldine Chapman individually, and

  9         William Chapman, as personal representative of

10         the Estate of Patricia Chapman, deceased; Rusha

11         Williams as legal guardian for Pauline Hodge;

12         providing an appropriation to compensate them

13         for losses sustained as a result of the actions

14         of the Department of Children and Family

15         Services; providing an effective date.

16

17         WHEREAS, Laura Bailey, Patricia Chapman, Christina

18  Decker, Pauline Hodge, developmentally disabled adults unable

19  to care for themselves, were institutionalized in various

20  facilities on the grounds of Tacachale and were wholly

21  dependent upon the care, custody, and control of the

22  Department of Children and Family Services and its employees,

23  Rachuel Sercey and Evertice Cole, and

24         WHEREAS, on April 19, 1998, Rachuel Sercey lost control

25  of a facility-owned van that flipped and ejected Laura Bailey,

26  Patricia Chapman, Christina Decker, and Pauline Hodge from the

27  vehicle, and

28         WHEREAS, Laura Bailey, Patricia Chapman, and Christina

29  Decker subsequently died from their injuries , and

30         WHEREAS, Laura Bailey, Patricia Chapman, Christina

31  Decker, Pauline Hodge and their guardians relied upon the

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    Florida Senate - 2001        (NP)                        SB 64
    4-59-01




  1  Department of Children and Family Services and its staff to

  2  provide for their safety and welfare and to make the proper

  3  decisions on their behalf concerning their day-to-day

  4  activities, and

  5         WHEREAS, the facility-owned vehicle involved in the

  6  accident which is the subject of litigation was improperly and

  7  negligently maintained by the facility, including, but not

  8  limited to, negligent maintenance of the right rear tire on

  9  the van, and

10         WHEREAS, for almost 15 years before the accident,

11  Rachuel Sercey, worked at Tacachale, and

12         WHEREAS, before the accident, Rachuel Sercey was

13  arrested and cited on numerous occasions for driving

14  infractions and substance abuse related charges and was

15  reprimanded by Tacachale for deviation from a trip ticket and

16  neglecting residents in her care, and

17         WHEREAS, notwithstanding this history of which the

18  Department of Children and Family Services knew or should have

19  known, the department permitted Rachuel Sercey to drive

20  residents in facility-owned vehicles for facility purposes,

21  and

22         WHEREAS, the Department of Children and Family Services

23  did not require mandatory drug testing of facility staff nor

24  did it conduct routine background checks on facility staff,

25  and

26         WHEREAS, before April 19, 1998, Tacachale staff

27  submitted for approval a request that certain residents be

28  allowed to attend a picnic field trip to Ginnie Springs, which

29  request was approved by agents and employees of the Department

30  of Children and Family Services, and

31

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    Florida Senate - 2001        (NP)                        SB 64
    4-59-01




  1         WHEREAS, Laura Bailey, Patricia Chapman, Christina

  2  Decker, and Pauline Hodge were among those residents scheduled

  3  to attend the Ginnie Springs field trip, and

  4         WHEREAS, on April 19, 1998, plaintiffs Laura Bailey,

  5  Patricia Chapman, Christina Decker, Pauline Hodge, and three

  6  developmentally disabled adult women were loaded into a

  7  facility-owned van along with two staff personnel, Evertice

  8  Cole and Rachuel Sercey, and

  9         WHEREAS, the van was owned and maintained by the

10  Department of Children and Family Services and used for the

11  purpose of transporting facility residents, and

12         WHEREAS, even though the van was designed to

13  accommodate eight persons and was only equipped with eight

14  seatbelts, Evertice Cole and Rachuel Sercey allowed nine

15  occupants, including the seven developmentally disabled women,

16  to enter the van, and

17         WHEREAS, of these nine occupants, Evertice Cole and

18  Rachuel Sercey sat in the front two seats with seatbelts,

19  ensuring that at least one resident had no access to a

20  seatbelt at the outset of the field trip, and

21         WHEREAS, the security guard at the Tacachale front gate

22  was responsible for inspecting the paperwork authorizing the

23  outing to Ginnie Springs and ensuring that all occupants were

24  properly restrained and was otherwise required to ensure the

25  safety of the van's occupants, and

26         WHEREAS, the security guard failed to ensure that all

27  occupants were wearing their seatbelts, that the van had the

28  appropriate number of occupants, and that the right rear tire

29  of the van was properly inflated, and

30         WHEREAS, after leaving the facility and instead of

31  going to Ginnie Springs, Laura Bailey, Patricia Chapman,

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    Florida Senate - 2001        (NP)                        SB 64
    4-59-01




  1  Christine Decker, Pauline Hodge, and the other residents were

  2  taken to a location where Rachuel Sercey and Evertice Cole

  3  illegally consumed drugs and alcohol, leaving Laura Bailey,

  4  Patricia Chapman, Christina Decker, Pauline Hodge, and the

  5  other residents improperly supervised and unattended during

  6  this time, and

  7         WHEREAS, after illegally consuming drugs and alcohol,

  8  Rachel Sercey and Evertice Cole returned to the unsupervised

  9  residents and began to drive back to Tacachale, with Rachuel

10  Sercey at the wheel, and

11         WHEREAS, Rachuel Sercey, without protest from Evertice

12  Cole, operated the van in a negligent, reckless, and dangerous

13  manner, including, but not limited to, driving at excessive

14  speeds and ignoring an under-inflated right rear tire, and

15         WHEREAS, on April 19, 1998, Rachuel Sercey and Evertice

16  Cole were in the course and scope of their employment when

17  they took Laura Bailey, Patricia Chapman, Christina Decker,

18  Pauline Hodge, and other residents on the scheduled field

19  trip, and

20         WHEREAS, Evertice Cole had a duty to intervene on

21  behalf of the occupants of the facility-owned van and prevent

22  the accident, but did nothing to prevent Rachuel Sercey from

23  causing the accident, and

24         WHEREAS, the representatives of the deceased and

25  insured have been required to retain counsel and otherwise

26  incur expenses and costs as a result of the actions of the

27  Department of Children and Family Services and its employees,

28  NOW, THEREFORE,

29

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

31

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    Florida Senate - 2001        (NP)                        SB 64
    4-59-01




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

  2  act are found and declared to be true.

  3         Section 2.  The sum of $6 million is appropriated out

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

  5  of Children and Family Services to be paid to Kathleen

  6  McCarthy individually and as personal representative of the

  7  Estate of Laura Bailey, George Decker and Joan Decker

  8  individually and as co-personal representatives of the Estate

  9  of Christina Decker, William Chapman and Geraldine Chapman

10  individually and William Chapman as personal representative of

11  the Estate of Patricia Chapman, and Rusha Williams as legal

12  guardian of Pauline Hodge as relief for their losses.

13         Section 3.  The Comptroller is directed to draw

14  warrants in the total amount of $6 million in favor of

15  Kathleen McCarthy individually and as personal representative

16  of the Estate of Laura Bailey, George Decker and Joan Decker

17  individually and as co-personal representatives of the Estate

18  of Christina Decker, William Chapman and Geraldine Chapman

19  individually and William Chapman as the personal

20  representative of the Estate of Patricia Chapman, and Rusha

21  Williams as legal guardian of Pauline Hodge, out of funds in

22  the State Treasury, to the credit of the Department of

23  Children and Family Services not otherwise appropriated, and

24  the Treasurer is directed to pay the same out of those funds.

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

26  law.

27

28            *****************************************

29                          SENATE SUMMARY

30    Provides an appropriation for the relief of specified
      persons who have sustained losses due to the actions of
31    the Department of Children and Family Services.

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