Senate Bill sb0022c1

    Florida Senate - 2002                             CS for SB 22

    By the Committee on Finance and Taxation; and Senator Pruitt





    314-2148-02

  1                      A bill to be entitled

  2         An act for the relief of Kimberly Godwin;

  3         providing an appropriation to compensate her

  4         for violations of her rights and for injuries

  5         she sustained as a result of the negligence of

  6         the Department of Children and Family Services;

  7         providing an effective date.

  8

  9         WHEREAS, Kimberly Godwin is a profoundly retarded young

10  woman who was in the custody and supervision of the Department

11  of Children and Family Services at all times relevant hereto,

12  and

13         WHEREAS, Kimberly Godwin has the IQ of a young child,

14  is nonverbal, is incontinent, stands 3 feet 11 inches tall,

15  and requires constant care and supervision, and

16         WHEREAS, in August 1985, Kimberly Godwin was

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

18  by the Department of Children and Family Services due to a

19  confirmed abuse finding that she was severely beaten and

20  abused at another facility licensed and supervised by the

21  department, and

22         WHEREAS, the Schenck Group Home was licensed,

23  supervised, and operated by the Department of Children and

24  Family Services, and

25         WHEREAS, from 1989 through 1992, teachers and

26  administrators at Kimberly Godwin's St. Lucie County school

27  suspected the abuse and neglect of her by the Schenck Group

28  Home and the department and documented multiple incidents of

29  such in her school records, and

30         WHEREAS, between 1990 and 1991, teachers at Kimberly

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

                                  1

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






    Florida Senate - 2002                             CS for SB 22
    314-2148-02




  1  and other signs of abuse and neglect, that she was being

  2  sexually abused, and

  3         WHEREAS, the department admits that in September 1991,

  4  it violated Kimberly Godwin's rights under the Bill of Rights

  5  for the Developmentally Disabled and that because of its

  6  negligence, Kimberly was raped and impregnated by the group

  7  home operator's 16-year-old son, who was not approved to

  8  reside in the house, and

  9         WHEREAS, a Ft. Pierce jury determined that Kimberly

10  Godwin suffered noneconomic damages of $1 million as a result

11  of the trauma of the sexual battery and impregnation, and

12         WHEREAS, the department has admitted that it violated

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

14  discover her pregnancy until she was more than 20 weeks

15  pregnant, and

16         WHEREAS, Kimberly Godwin was denied prompt and

17  appropriate medical care because the department and the group

18  home did not want her pregnancy revealed, and

19         WHEREAS, a Ft. Pierce jury determined that Kimberly

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

21  this abuse, neglect, and violation of her rights, and

22         WHEREAS, while the abuse and neglect of Kimberly Godwin

23  by the Schenck Group Home was known to the department, it did

24  not remove her from that group home and did not notify her

25  parents about the pregnancy or about the abuse and neglect,

26  and

27         WHEREAS, when her parents were finally notified by a

28  guardian ad litem appointed by the court, Kimberly's mother,

29  Darlene Godwin, now deceased, immediately came to her aid and

30  removed Kimberly from the custody of the department's group

31  home, at which time Kimberly was suffering from pneumonia,

                                  2

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






    Florida Senate - 2002                             CS for SB 22
    314-2148-02




  1  anemia, and dehydration as a result of continued medical

  2  neglect, requiring her to be hospitalized for 1 week, and

  3         WHEREAS, Kimberly Godwin was so severely anemic and her

  4  condition was so poor that the doctors who initially evaluated

  5  her ordered multiple blood transfusions and tests to rule out

  6  leukemia, and

  7         WHEREAS, the department admits that its negligence

  8  caused Kimberly Godwin's deteriorating medical condition, and

  9  a jury determined that Kimberly suffered noneconomic damages

10  of $1 million as a result of this abuse, neglect, and

11  violation of her rights, and

12         WHEREAS, because of her medical condition, it was

13  determined that Kimberly Godwin could not safely give birth to

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

15  protect Kimberly's life, and

16         WHEREAS, among other incidents of abuse and neglect

17  inflicted upon Kimberly Godwin and documented by the St. Lucie

18  County School District, there were reports in 1989 that

19  Kimberly received disfiguring burns on her upper thigh

20  inflicted at the Schenck Group Home, which the department

21  admits were caused by its negligence and violation of

22  Kimberly's rights under the Bill of Rights for the

23  Developmentally Disabled, and

24         WHEREAS, a Ft. Pierce jury determined that Kimberly

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

26  that abuse, neglect, and violation of her rights, and

27         WHEREAS, the jury also determined that Kimberly Godwin

28  suffered $5 million in economic damages caused by her rape,

29  impregnation, abuse, neglect, and the violation of her rights

30  under the Bill of Rights for the Developmentally Disabled by

31  the Department of Children and Family Services, and

                                  3

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






    Florida Senate - 2002                             CS for SB 22
    314-2148-02




  1         WHEREAS, at trial, the jury heard unrefuted testimony

  2  that Kimberly Godwin requires extraordinary services that have

  3  not been provided by the department, and

  4         WHEREAS, the jury determined that the abuse and neglect

  5  of Kimberly Godwin while living at the Schenck Group Home has

  6  made her incapable of living in a group home or other

  7  residential placement, thus greatly increasing the cost of her

  8  habilitative care over her lifetime, estimated to be

  9  approximately 51 years, and

10         WHEREAS, Kimberly Godwin resides with her father, Jimmy

11  Godwin, and her family is committed to providing individual

12  home care to ensure her safety for the remainder of her life,

13  and

14         WHEREAS, on March 28, 2000, a jury awarded to the

15  guardianship of Kimberly Godwin a total of $8 million in

16  damages, and $21,555.30 for litigation costs was subsequently

17  awarded by the court as a result of the abuse, neglect, and

18  violation of rights which were documented beginning in 1989

19  and continuing until her removal from the department's custody

20  in 1992, and

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

22  Final Judgment in the amount of $8 million against the

23  Department of Children and Family Services, and

24         WHEREAS, on April 19, 2000, the trial court denied the

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

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

27  court's orders upholding the verdict, and

28         WHEREAS, only $400,000 of the outstanding judgments,

29  which total $8,021,555.30, exclusive of any interest, has been

30  paid, leaving a balance due of $7,621,555.30, NOW, THEREFORE,

31

                                  4

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






    Florida Senate - 2002                             CS for SB 22
    314-2148-02




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

  2

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

  4  act are found and declared to be true.

  5         Section 2.  There is appropriated from the

  6  Administrative Trust Fund of the Department of Children and

  7  Family Services for fiscal years 2002-2003 through 2011-2012,

  8  the sum of $760,000 for the benefit of Kimberly Godwin, to be

  9  paid to MassMutual Insurance Company to finance and purchase a

10  structured settlement for her, which includes an annuity that

11  must be used for the habilitative care of Kimberly Godwin over

12  the duration of her lifetime and as a relief for the

13  violations of her rights and for injuries and damages she

14  sustained as a result of the department's wrongful conduct.

15         Section 3.  The Comptroller is directed to draw a

16  warrant for fiscal years 2002-2003 through 2011-2012 in the

17  favor of MassMutual Insurance Company of Springfield,

18  Massachusetts, as the financier of the structured settlement

19  and annuity contract issuer for Kimberly Godwin, in the amount

20  of $760,000 upon funds from the Department of Children and

21  Family Services' Administrative Trust Fund.

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

23  law.

24

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                              SB 22

27

28  The Committee Substitute changes the appropriation from
    "$7,621,555.30 from the General Revenue Fund in favor of Jimmy
29  Godwin, Guardian of Kimberly Godwin" to a 10-year
    appropriation of $760,000 from the Administrative Trust Fund
30  of the Department of Children and Family Services to be paid
    to MassMutuel Insurance Company to finance and purchase a
31  structured settlement, which includes an annuity, which must
    be used for the care of Kimberly Godwin.
                                  5

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