HB 223

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

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