HB 1473

1	A bill to be entitled
2	An act for the relief of Angela Sozzani; directing the
3	Department of Children and Family Services to include in
4	its annual legislative budget requests an appropriation to
5	compensate Angela Sozzani, a disabled person, by and
6	through her next friend, for injuries and damages
7	sustained as a result of the negligence of employees of
8	the Department of Children and Family Services; providing
9	for the use of funds; specifying funds to be included in
10	the initial appropriation; requiring the department to
11	seek appropriations in excess of the limit established in
12	the act under certain circumstances; providing that no
13	payment of attorneys' fees, lobbying fees, costs, or other
14	similar expenses relating to the claim shall be awarded;
15	providing an effective date.
16
17	WHEREAS, Angela Sozzani, whose date of birth is April 21,
18	2000, experienced a severe hypoxic-ischemic encephalopathy,
19	secondary to a near drowning, on April 17, 2002, and, as a
20	result, is forever dependent on receiving 24-hour medical and
21	supportive care, and
22	WHEREAS, Angela Sozzani was in the legal custody of the
23	Department of Children and Family Services and had been placed
24	in the medical foster home of Ronald and Joyce Bryson on
25	February 6, 2001, and
26	WHEREAS, Ronald Bryson and Joyce Bryson were each licensed
27	by the Department of Children and Family Services to provide
28	foster care pursuant to s. 409.175, Florida Statutes, and
29	WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were
30	providing foster care to three medically needy foster children
31	and after-school care to their two special-needs grandchildren,
32	even though their foster home was licensed by the Department of
33	Children and Family Services to provide care for only two
34	children, and
35	WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were
36	hosting a party and allowed their two grandchildren to swim in
37	their swimming pool without adult supervision, and
38	WHEREAS, on April 17, 2002, Angela Sozzani, who was nearly
39	2 years of age and was not being supervised, wandered out the
40	open patio door to the pool and fell into the swimming pool,
41	nearly drowning, and
42	WHEREAS, a lawsuit was filed on behalf of Angela Sozzani in
43	Pinellas County against the Department of Children and Family
44	Services, Ronald and Joyce Bryson, Family Continuity Program,
45	Inc., and Help a Child, Inc., and
46	WHEREAS, Angela Sozzani's claim against Ronald and Joyce
47	Bryson is based on each person's failure to properly supervise
48	Angela and their failure to follow rules of the Department of
49	Children and Family Services, and
50	WHEREAS, Angela Sozzani's claim against Family Continuity
51	Program, Inc., which was the lead agency in Pinellas County
52	pursuant to s. 409.1671, Florida Statutes, during the period
53	that Angela was placed in the Bryson home, is based on the
54	entity's failure to comply with rules of the Department of
55	Children and Family Services, failure to perform monthly home
56	visits, failure to ensure Angela's safety in the Bryson foster
57	home, and failure to report the licensing violations that were
58	observed in the Bryson foster home, and
59	WHEREAS, Angela Sozzani's claim against Help a Child, Inc.,
60	which was the private entity that contracted with the Department
61	of Children and Family Services to oversee the operation of the
62	medical foster care program through which the Brysons were
63	licensed, is based on the entity's failure to properly oversee
64	and manage the Bryson foster home, failure to train Ronald and
65	Joyce Bryson, failure to comply with rules of the Department of
66	Children and Family Services, and failure to report the
67	licensing violations that were observed in the Bryson foster
68	home, and
69	WHEREAS, Angela Sozzani's claim against the Department of
70	Children and Family Services is based on the department's
71	failure to follow its own operating procedures and guidelines
72	with respect to the licensure of the Bryson foster home, which
73	the department knew or should have known would be a dangerous
74	environment to all children, including Angela Sozzani, and
75	WHEREAS, as a disabled person, Angela Sozzani is in need of
76	funds necessary for her care, and
77	WHEREAS, Angela Sozzani continues to need 24-hour medical
78	care and treatment as a result of the actions giving rise to
79	this claim, and
80	WHEREAS, Robert F. Cullen, Jr., M.D., F.A.A.P., Director
81	Emeritus of Child Neurology of Miami Children's Hospital, has
82	reported that, with optimum medical care, Angela Sozzani's life
83	expectancy will be approximately 20 to 30 years, and
84	WHEREAS, Angela Sozzani and Family Continuity Program,
85	Inc., and Help a Child, Inc., have reached a settlement for the
86	limits of each entity's available insurance, and
87	WHEREAS, pursuant to s. 409.175(15), Florida Statutes, any
88	person who owns and operates a family foster home for the
89	Department of Children and Family Services, including Ronald and
90	Joyce Bryson, is provided coverage through the Division of Risk
91	Management of the Department of Financial Services, as provided
92	in ss. 284.38 and 284.385, Florida Statutes, and
93	WHEREAS, Angela Sozzani, by and through her next friend,
94	and Ronald and Joyce Bryson have reached a settlement and the
95	Department of Children and Family Services has tendered payment
96	on behalf of the Brysons in the amount of $100,000 in accordance
97	with the provisions of s. 409.175(15), Florida Statutes, to
98	compensate Angela Sozzani for damages and to provide a basis for
99	this claim bill, and
100	WHEREAS, the Department of Children and Family Services has
101	tendered payment in the amount of $100,000 in accordance with s.
102	768.28, Florida Statutes, to Angela Sozzani as to the claim
103	against the department, and
104	WHEREAS, a special needs trust has been established for the
105	exclusive use and benefit of Angela Sozzani and the net
106	settlement proceeds from each of the defendants have been
107	deposited into the special needs trust, and
108	WHEREAS, Angela Sozzani is currently eligible for and
109	receiving Medicaid, and currently all of her placement,
110	treatment, and care costs are being funded through the Medicaid
111	program, and
112	WHEREAS, if Medicaid does not provide any medically
113	necessary and appropriate health care services as determined by
114	Angela Sozzani's treatment team, then such services shall be
115	paid for utilizing assets from Angela Sozzani's special needs
116	trust, and
117	WHEREAS, the Department of Children and Family Services
118	supports this act to ensure that Angela Sozzani has adequate
119	funds and resources for her entire life to obtain all medically
120	necessary and appropriate health care, and
121	WHEREAS, because it is unknown how long Angela Sozzani will
122	actually live and whether all of her medically necessary and
123	appropriate health care will be provided through the Medicaid
124	program, the Department of Children and Family Services has
125	agreed to seek a claims bill which will, as part of the
126	department's annual legislative budget request, provide for the
127	replenishment of any funds expended by Angela Sozzani's special
128	needs trust for placement costs and medical care and treatment
129	not funded by Medicaid, and
130	WHEREAS, Angela Sozzani's attorneys have provided pro bono
131	representation for Angela Sozzani in seeking introduction of
132	this relief act at the 2009 Regular Session of the Legislature
133	and seek no payment of attorneys' fees, lobbying fees, costs, or
134	other similar expenses relating to this claim, NOW, THEREFORE,
135
136	Be It Enacted by the Legislature of the State of Florida:
137
138	Section 1.  The facts stated in the preamble to this act
139	are found and declared to be true.
140	Section 2.  Beginning in fiscal year 2010-2011 and for each
141	subsequent fiscal year thereafter for the remainder of Angela
142	Sozzani's life, the Department of Children and Family Services
143	shall include in its annual legislative budget request an amount
144	not to exceed $180,000 to replenish the special needs trust of
145	Angela Sozzani for any funds that have been expended from the
146	trust for Angela Sozzani's placement costs and medical care and
147	treatment that are not funded by Medicaid. As part of the
148	appropriation in the legislative budget request for the 2010-
149	2011 fiscal year, the department shall include all funds
150	expended by the special needs trust for placement costs and
151	medical care and treatment not funded by Medicaid from the date
152	of the trust's inception through the date on which the initial
153	request is made.
154	Section 3.  In the event of extraordinary circumstances,
155	the Department of Children and Family Services in its sole
156	discretion shall, as part of its annual legislative budget
157	request, seek amounts in excess of the limit set forth in
158	section 2 to replenish Angela Sozzani's special needs trust for
159	funds expended for placement costs and medical care and
160	treatment not funded by Medicaid.
161	Section 4.  No attorneys' fees, lobbying fees, costs, or
162	other similar expenses relating to this claim shall be awarded.
163	Section 5.  This act shall take effect upon becoming a law.

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