HB 915

1
A bill to be entitled
2An act for the relief of Pierreisna Archille; providing an
3appropriation to compensate Pierreisna Archille, a
4mentally disabled person, by and through Patrick Weber,
5Limited Guardian of Property for Pierreisna Archille, for
6injuries and damages sustained as a result of the
7negligence of employees of the Department of Children and
8Family Services; providing for reversion of funds;
9providing a limitation on the payment of attorney's fees,
10lobbying fees, costs, and other similar expenses relating
11to the claim; providing an effective date.
12
13     WHEREAS, Pierreisna Archille, a 25-year-old moderately
14retarded woman, has the cognitive ability of a child between
15kindergarten and first-grade level, and
16     WHEREAS, because of allegations of neglect against her
17biological mother and stepfather, Pierreisna Archille and her
18sisters, Darleen and Muriel, were placed in foster care in 1993,
19and
20     WHEREAS, in 1997, when Pierreisna Archille was 15 years
21old, the Archille children were placed in the foster home of
22Bonifacio and Josephine Velazquez, and
23     WHEREAS, the Velazquez foster home was licensed,
24supervised, and monitored by the Department of Children and
25Family Services and its employees and agents, and
26     WHEREAS, after placement of the Archille children in the
27foster home, Darleen Archille complained that Bonifacio
28Velazquez, the foster father, was sexually molesting her and was
29also molesting Muriel Archille, a toddler, and
30     WHEREAS, after these complaints were made, both Darleen
31Archille and Muriel Archille were removed from the Velazquez
32home, but Pierreisna Archille remained in the home, and
33     WHEREAS, between June of 1998 through June of 1999,
34Bonifacio Velazquez repeatedly raped and molested Pierreisna
35Archille, resulting in her impregnation and subsequent birth of
36a daughter, and
37     WHEREAS, after the birth of Pierreisna Archille's daughter,
38Takeisha, Pierreisna Archille's younger sister, Darleen, then 19
39years old, undertook the responsibility of helping Pierreisna
40Archille take care of her daughter, and
41     WHEREAS, as a developmentally disabled person, Pierreisna
42Archille is in need of funds necessary for her to care for her
43daughter with the assistance of her sister, Darleen, and
44     WHEREAS, Pierreisna Archille continues to suffer nightmares
45and extreme emotional and psychological trauma as a result of
46the actions giving rise to this claim, and
47     WHEREAS, a life care continuum was formulated by
48comprehensive rehabilitation consultants detailing the funds
49necessary to provide treatment to Pierreisna Archille, as well
50as to help provide for the support necessary for Pierreisna
51Archille to take care of her daughter, and
52     WHEREAS, Dr. Fred Raffa, an economist, reduced such cost to
53present value in the amount of $4,067,431, and
54     WHEREAS, the dependency court appointed a Limited Guardian
55of Property for Pierreisna Archille for the purpose of assisting
56in obtaining compensation for her damages, and
57     WHEREAS, a lawsuit was filed on behalf of the Limited
58Guardian of Property for Pierreisna Archille in Naples, Florida,
59against the Department of Children and Family Services, and
60     WHEREAS, Pierreisna Archille, by and through her Limited
61Guardian of Property, Patrick Weber, and the Department of
62Children and Family Services agreed to mediation to resolve this
63matter and entered into a settlement agreement to compensate
64Pierreisna Archille for her damages and to provide a basis for
65this claim bill, and
66     WHEREAS, as a result of good-faith negotiations between the
67parties at a court-sanctioned mediation, the Department of
68Children and Family Services and the Limited Guardian of
69Property agreed that $1.3 million is reasonable and fair
70compensation for Pierreisna Archille's damages, and
71     WHEREAS, the Department of Children and Family Services has
72already paid $100,000 in accordance with the provisions of s.
73768.28, Florida Statutes, and
74     WHEREAS, with respect to the $100,000 already paid by the
75department, deferred payment of attorney's fees and costs of
76plaintiff's counsel was agreed to in order that Pierreisna
77Archille could immediately have access to needed funds, and
78     WHEREAS, the Department of Children and Family Services
79supports a claim bill in the amount of $1.2 million, NOW,
80THEREFORE,
81
82Be It Enacted by the Legislature of the State of Florida:
83
84     Section 1.  The facts stated in the preamble to this act
85are found and declared to be true.
86     Section 2.  (1)  There is appropriated from the General
87Revenue Fund to the Department of Children and Family Services
88the sum of $1,200,000 to be paid to Pierreisna Archille, by and
89through Patrick Weber, Limited Guardian of Property for
90Pierreisna Archille, as relief for injuries and damages
91sustained. After payment of attorney's fees and costs, lobbying
92fees, and other similar expenses relating to this claim as
93provided for in this section, outstanding medical liens, and
94other immediate needs, the remaining funds shall be placed in a
95special needs trust created for the exclusive use and benefit of
96Pierreisna Archille. Any funds remaining in the special needs
97trust upon the death of Pierreisna Archille, after payment of
98any outstanding Medicaid liens, shall revert to the General
99Revenue Fund of the State of Florida.
100     (2)  Any amount awarded under this act pursuant to the
101waiver of sovereign immunity permitted under s. 768.28, Florida
102Statutes, and this award is intended to provide the sole
103compensation for all present and future claims arising out of
104the factual situation described in the preamble to this act
105which resulted in the injury to Pierreisna Archille. The total
106amount paid for attorney's fees, lobbying fees, costs, and other
107similar expenses relating to this claim may not exceed 25
108percent of the amount awarded under subsection (1).
109     Section 3.  The Chief Financial Officer is authorized and
110directed to draw a warrant in the sum of $1,200,000, payable to
111Pierreisna Archille, by and through Patrick Weber, Limited
112Guardian of Property for Pierreisna Archille, upon funds in the
113State Treasury to the credit of the Department of Children and
114Family Services, and the Chief Financial Officer is directed to
115pay the same out of such funds in the State Treasury not
116otherwise appropriated.
117     Section 4.  This act shall take effect upon becoming a law.


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