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A bill to be entitled

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An act for the relief of Marissa Amora; providing an

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appropriation to compensate Marissa Amora, a minor, for

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injuries she sustained as a result of the negligence of

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employees of the Department of Children and Family

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Services; requiring a specified legislative budget

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request; providing a limitation on attorney's fees,

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lobbying fees, costs, and other similar expenses relating

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to the claim; providing an effective date.

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     WHEREAS, on November 8, 2000, Moesha Sylencieux, now known

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as Marissa Amora, who was not yet 2 years old, was brought to the

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emergency room of Bethesda Memorial Hospital in Palm Beach

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County, Florida, and

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     WHEREAS, Marissa Amora's natural mother told the hospital

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staff that Marissa Amora fell from a standing position and

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consequently could not walk, and

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     WHEREAS, while she was at the hospital, Marissa Amora could

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not bear weight on her legs, and

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     WHEREAS, during a 3-day admission that followed, an MRI

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showed the presence of an unexplained mass in the area of Marissa

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Amora's spine, and she was transferred to Miami Children's

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Hospital for further testing and treatment, and

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     WHEREAS, Marissa Amora was admitted to Miami Children's

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Hospital on November 11, 2000, arriving with a working diagnosis

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of "spinal cord tumor," and during the following month she was

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fully evaluated for the tumor that was presumed to have accounted

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for her sudden inability to walk, with all test results normal,

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and

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     WHEREAS, on December 4, 2000, Marissa Amora underwent a

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biopsy of the mass in the area of her spine, which indicated that

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the mass was benign, and

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     WHEREAS, during Marissa Amora's approximately 1-month

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admission to Miami Children's Hospital, several incidents gave

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rise to suspicions and concerns on the part of the hospital

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nursing staff and social workers with respect to Marissa Amora's

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safety, and

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     WHEREAS, the hospital staff and social workers were

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concerned about the natural mother's lack of involvement with her

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daughter and about the interactions between Marissa Amora and her

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natural mother who, over the course of Marissa Amora's

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hospitalization at Miami Children's Hospital, came to the

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hospital only four times, and who failed to visit her at other

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times during her hospitalization even though hospital social

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workers provided her with directions and money for

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transportation, and

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     WHEREAS, when Marissa Amora's natural mother did come to the

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hospital, families of other patients observed her spanking

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Marissa Amora while Marissa was in her hospital bed, and

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     WHEREAS, Marissa Amora's natural mother failed to come to

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the hospital on December 9, 2000, the day that her daughter was

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supposed to be discharged, and

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     WHEREAS, with Marissa Amora waiting to be discharged, the

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social workers at the hospital appropriately called the

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Department of Children and Family Services, the call being

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designated as one for "special needs," given the mother's lack of

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ability or desire to care for her daughter and the general lack

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of bonding between mother and child, and

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     WHEREAS, Marissa Amora's case was assigned to a protective

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investigator for the Department of Children and Family Services

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in District 11, Miami-Dade County, Shirley Arias, who commenced

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her investigation by going to Miami Children's Hospital on

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Monday, December 11, 2000, at which point she began compiling a

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list of concerns and risk factors that indicated possible

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physical abuse, and

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     WHEREAS, Investigator Arias reviewed the hospital records

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and found that there was evidence that Marissa Amora had an

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unexplained fracture of her clavicle and that, though the mother

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had been assisted and counseled by the social workers at the

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hospital, the social workers continued to have serious concerns

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for the mother's desire and ability to care for her child, and

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     WHEREAS, Investigator Arias observed that Marissa Amora

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would cry when her mother walked into her hospital room and then

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would become calm when her mother would leave, and also observed

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a general lack of bonding between mother and child, and

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     WHEREAS, on Monday, December 11, 2000, a meeting took place

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in the hospital between Investigator Arias, Marissa Amora's

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natural mother, and Dr. Jefry Biehler, an in-house director of

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the Child Advocacy Team who was asked to be involved at the

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request of the hospital's social workers, and

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     WHEREAS, Dr. Biehler interviewed the natural mother in the

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presence of Investigator Arias and reported that he "had

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concerns" and recommended to Investigator Arias that the child

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should not be given to the mother unless a home study was

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completed to ensure that the environment in the home was safe for

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the child, and

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     WHEREAS, the suggested home study was never performed by the

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department, and

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     WHEREAS, instead of initiating a home study, Investigator

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Arias contacted the department's Palm Beach County District 9

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office, whereupon the matter was referred to Protective

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Investigator Evelyn Diaz Collins, and

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     WHEREAS, Investigator Collins failed to conduct or initiate

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a home study, and

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     WHEREAS, Investigator Collins instead went to the family

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home while Marissa Amora was still in the hospital, met with the

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natural mother, noting that the apartment was devoid of any baby

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items, and subsequently informed the natural mother that she

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would need to purchase a crib and that she would return the

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following week to make sure that this condition had been complied

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with, and

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     WHEREAS, Investigator Collins never returned to the home and

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performed no followup whatsoever, and

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     WHEREAS, the requested home study was never completed, yet

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department supervisors in Miami incorrectly believed that a home

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study had been completed, and incorrectly assumed that there was

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no threat to the child, and

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     WHEREAS, Investigator Arias met with her supervisor, who

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advised that she should refer the case to the Department of

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Children and Family Services' legal department, whereupon

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investigator Arias consulted with the legal department on

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Wednesday, December 13, 2000, and was advised that Marissa Amora

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should not be allowed to leave Miami Children's Hospital until

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the department had completed a home study, spoken with Marissa

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Amora's natural father in New Jersey, assigned staff to the case

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from the child protection team, and conducted criminal checks of

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the appropriate parties, and

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     WHEREAS, deposition and trial testimony by Investigator

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Arias revealed that she understood that the required home study,

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the contact with Marissa Amora's natural father, the assignment

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of staff to the case from the child protection team, and the

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conduct of specified criminal checks were departmental "marching

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orders" and that Marissa Amora should not have been allowed to

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leave the hospital until all of these conditions had been

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complied with, and

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     WHEREAS, on December 14, 2000, Investigator Arias completed

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a departmental initial child safety assessment form, as required

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by statute, which showed that Investigator Arias and her

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supervisor concluded that physical abuse of Marissa Amora was

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suspected, and

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     WHEREAS, Investigator Arias testified at trial that Marissa

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Amora should never have been allowed to go home, that sending

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Marissa Amora home was wrong, and that she should have voiced her

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objection to her supervisors, and

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     WHEREAS, Investigator Arias' immediate supervisor, Robert

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Boyak, testified under oath that the case should have been

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assigned to the child protection team before Marissa Amora was

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allowed to leave the hospital, but that no such referral to the

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child protection team was completed, and

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     WHEREAS, on December 14, 2000, Investigator Arias began

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contacting Marissa Amora's natural mother for the purpose of

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having Marissa Amora picked up from the hospital, despite the

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fact that a home study had not been completed, the case had not

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been assigned to the child protection team, and Marissa Amora's

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natural father had not been consulted, all of which had been

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advisements of the Department of Children and Family Services'

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legal department on December 13, 2000, and

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     WHEREAS, the department's log written by Investigator Arias

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reflects numerous contacts prior to discharge from the hospital

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from the social workers at Miami Children's Hospital challenging

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the department's decision to allow Marissa Amora to go home with

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her natural mother, and

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     WHEREAS, calls placed by the hospital's social workers to

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the department's Palm Beach County district office, to the Miami-

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Dade district office, and to supervisors in the chain of command

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at the department were either not returned or, when calls were

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returned to social workers, they were given false assurances that

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the department's investigation had revealed that there was no

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danger to Marissa Amora, and

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     WHEREAS, on December 15, 2000, Marissa Amora cried while she

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was being taken from Miami Children's Hospital by her natural

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mother, and the department was repeatedly told that hospital

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social workers were very dissatisfied with the decision to allow

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the child to go home with her natural mother and that hospital

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nurses were willing to adopt Marissa Amora, and

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     WHEREAS, on January 11, 2001, Marissa Amora was again

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admitted to the hospital's pediatric intensive care unit for

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treatment for massive brain injuries, leg fractures, arm

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fractures, and multiple other injuries that the chief of

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pediatric intensive care opined were likely due to being swung by

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her arms and legs and smashed into a wall or the floor, and

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     WHEREAS, the child protection team in Palm Beach County, as

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well as hospital physicians in Boca Raton and Delray Beach,

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determined that Marissa Amora's problems, dating back to the

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admission to Bethesda Memorial Hospital on November 8, 2000, and

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the life-threatening trauma with severe brain damage sustained on

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January 11, 2001, were due to injuries caused by physical abuse,

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and

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     WHEREAS, Marissa Amora remained in the hospital for several

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months while undergoing a series of operations, including brain

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surgery to relieve pressure from massive bleeding in her brain, a

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tracheotomy to establish and maintain her ability to breathe, and

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abdominal surgery to allow for nutrition to pass directly into

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her stomach due to an inability to eat, and

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     WHEREAS, Marissa Amora has since required subsequent

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additional surgical procedures to address many of the chronic

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problems caused by her severe brain injury, and continues to

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require tube feedings because she is unable to eat food by mouth,

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and

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     WHEREAS, Marissa Amora will require a high level of care

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throughout the remainder of her life, and

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     WHEREAS, employees of the Miami-Dade County and Palm Beach

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County offices of the Department of Children and Family Services

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admitted to making critical errors with regard to this case and

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admitted that department procedures were not followed, and

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     WHEREAS, as a result of the negligence of the employees of

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the Department of Children and Family Services, Marissa Amora has

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suffered permanent and profound brain damage and will require

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total care for the remainder of her life, and

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     WHEREAS, at trial the jury determined Marissa Amora's total

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past and future economic losses to be $21,070,000, and her past

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and future noneconomic damages, which include disability, loss of

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enjoyment of life, bodily injury, physical and mental pain and

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suffering, and disfigurement, to be $13,750,000, and

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     WHEREAS, the life care plan for Marissa Amora, as devised by

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former District 11 Administrator and Certified Life Care Planner

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for the former Department of Health and Rehabilitative Services

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of the State of Florida, Lawrence Forman, M.Ed., has a present

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value cost of $23,116,052.50, and

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     WHEREAS, the department's own experts, Sharon Griffin,

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M.Ed., Habilitationist, and Bernard F. Pettingill, Jr., Ph.D.,

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Economist, developed a life care plan for Marissa Amora, at an

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estimated cost of $19,767,867, some of which the state contended

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could be borne by Medicaid or Med-waiver, and

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     WHEREAS, Marissa Amora's past medical care and expenses,

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including liens, amount to $458,719.89, NOW, THEREFORE,

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

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

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found and declared to be true.

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     Section 2. For fiscal year 2008-2009, the sum of $1,200,000

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of nonrecurring General Revenue is appropriated to be paid to an

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insurance company or other financial institution admitted and

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authorized to issue annuity contracts in this state, selected by

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the guardian of Marissa Amora, to finance and purchase a

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structured settlement for the benefit of Marissa Amora, which

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shall include an annuity that must be used for the habilitative

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care of Marissa Amora over the duration of her lifetime and as

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relief for the violations of her rights and for injuries and

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damages she sustained as a result of the wrongful conduct of the

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Department of Children and Family Services.

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     Section 3. The Chief Financial Officer is directed to

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execute all necessary agreements to implement the payment of this

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claim and to draw a warrant in the amount of $1,200,000 for

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fiscal year 2008-2009 in favor of the financier of the structured

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settlement to be paid from the General Revenue Fund.

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     Section 4. Beginning in fiscal year 2008-2009 and for the

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next 9 fiscal years thereafter, the Department of Children and

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Family Services shall include in its annual legislative budget

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request a specific appropriation for $1,700,000 of nonrecurring

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funds for the relief of Marissa Amora in the Administrative Trust

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Fund or the General Revenue Fund for a total of $17,000,000 paid

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over 10 years.

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     Section 5. This award and any subsequent awards

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appropriated up to a grand total of $18,200,000 in nonrecurring

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funds, inclusive of this award, are intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in the preamble to this act which

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resulted in the injury to Marissa Amora. The total amount paid

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for attorney's fees, lobbying fees, costs, and other similar

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expenses relating to this claim may not exceed 25 percent of each

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annual payment awarded pursuant to this act.

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     Section 6.  This act shall take effect upon becoming a law.