HB 223

1
A bill to be entitled
2An act for the relief of Pierreisna Archille;
3providing an appropriation to compensate Pierreisna
4Archille, a mentally disabled person, by and through
5Darlene Archille, Limited Guardian of Property for
6Pierreisna Archille, for injuries and damages
7sustained as a result of the negligence of employees
8of the Department of Children and Family Services;
9providing for reversion of funds; providing a
10limitation on the payment of attorney's fees, lobbying
11fees, costs, and other similar expenses relating to
12the claim; providing an effective date.
13
14     WHEREAS, Pierreisna Archille, a 26-year-old moderately
15retarded woman, has the cognitive ability of a child between
16kindergarten and first-grade level, and
17     WHEREAS, because of allegations of neglect against her
18biological mother and stepfather, Pierreisna Archille and her
19sisters, Darlene and Muriel, were placed in foster care in 1993,
20and
21     WHEREAS, in 1997, when Pierreisna Archille was 15 years
22old, the Archille children were placed in the foster home of
23Bonifacio and Josephine Velazquez, and
24     WHEREAS, the Velazquez foster home was licensed,
25supervised, and monitored by the Department of Children and
26Family Services and its employees and agents, and
27     WHEREAS, after placement of the Archille children in the
28foster home, Darlene Archille complained that Bonifacio
29Velazquez, the foster father, was sexually molesting her and was
30also molesting S.A., a toddler, and
31     WHEREAS, after these complaints were made, both Darlene and
32Muriel were removed from the Velazquez home, but Pierreisna
33Archille remained in the home, and
34     WHEREAS, between June of 1998 through June of 1999,
35Bonifacio Velazquez repeatedly raped and molested Pierreisna
36Archille, resulting in her impregnation and subsequent birth of
37a daughter, and
38     WHEREAS, after the birth of Pierreisna Archille's daughter,
39Takeisha, Pierreisna Archille's younger sister, Darlene, then 19
40years old, undertook the responsibility of helping Pierreisna
41Archille take care of her daughter, and
42     WHEREAS, as a developmentally disabled person, Pierreisna
43Archille is in need of funds necessary for her to care for her
44daughter with the assistance of her sister, Darlene, and
45     WHEREAS, Pierreisna Archille continues to suffer nightmares
46and extreme emotional and psychological trauma as a result of
47the actions giving rise to this claim, and
48     WHEREAS, a life-care continuum was formulated by
49comprehensive rehabilitation consultants detailing the funds
50necessary to provide treatment to Pierreisna Archille, as well
51as to help provide for the support necessary for Pierreisna
52Archille to take care of her daughter, and
53     WHEREAS, Dr. Fred Raffa, an economist, reduced such cost to
54present value in the amount of $4,067,431, and
55     WHEREAS, the dependency court appointed a Limited Guardian
56of Property for Pierreisna Archille for the purpose of assisting
57in obtaining compensation for her damages, and
58     WHEREAS, a lawsuit was filed on behalf of the Limited
59Guardian of Property for Pierreisna Archille in Naples, Florida,
60against the Department of Children and Family Services, and
61     WHEREAS, Pierreisna Archille, by and through her previous
62Limited Guardian of Property, Patrick Weber, and the Department
63of Children and Family Services agreed to mediation to resolve
64this matter and entered into a settlement agreement to
65compensate Pierreisna Archille for her damages and to provide a
66basis for this claim bill, and
67     WHEREAS, as a result of good faith negotiations between the
68parties at a court-sanctioned mediation, the Department of
69Children and Family Services and the Limited Guardian of
70Property agreed that $1.3 million is reasonable and fair
71compensation for Pierreisna Archille's damages, and
72     WHEREAS, the Department of Children and Family Services has
73already paid $100,000 in accordance with the provisions of s.
74768.28, Florida Statutes, and
75     WHEREAS, with respect to the $100,000 already paid by the
76department, the appropriate parties agreed to deferred payment
77of attorney's fees and costs of plaintiff's counsel so that
78Pierreisna Archille could immediately have access to needed
79funds, and
80     WHEREAS, the Department of Children and Family Services
81supports a claim bill in the amount of $1.2 million, NOW,
82THEREFORE,
83
84Be It Enacted by the Legislature of the State of Florida:
85
86     Section 1.  The facts stated in the preamble to this act
87are found and declared to be true.
88     Section 2.  (1)  There is appropriated from the General
89Revenue Fund to the Department of Children and Family Services
90the sum of $1.2 million for the relief of Pierreisna Archille,
91by and through Darlene Archille, Limited Guardian of Property
92for Pierreisna Archille, for injuries and damages sustained.
93After payment of attorney's fees and costs, lobbying fees, and
94other similar expenses relating to this claim as provided for in
95this section, outstanding medical liens, and other immediate
96needs, the remaining funds shall be placed in a special needs
97trust created for the exclusive use and benefit of Pierreisna
98Archille. Any funds remaining in the special needs trust upon
99the death of Pierreisna Archille, after payment of any
100outstanding Medicaid liens, shall revert to the General Revenue
101Fund of the State of Florida.
102     (2)  Any amount awarded under this act pursuant to the
103waiver of sovereign immunity permitted under s. 768.28, Florida
104Statutes, and this award is intended to provide the sole
105compensation for all present and future claims arising out of
106the factual situation described in the preamble to this act
107which resulted in the injury to Pierreisna Archille. The total
108amount paid for attorney's fees, lobbying fees, costs, and other
109similar expenses relating to this claim may not exceed 25
110percent of the amount awarded under subsection (1).
111     Section 3.  The Chief Financial Officer is authorized and
112directed to draw a warrant in the sum of $1.2 million payable to
113Pierreisna Archille, by and through Darlene Archille, Limited
114Guardian of Property for Pierreisna Archille, upon funds in the
115State Treasury to the credit of the Department of Children and
116Family Services, and the Chief Financial Officer is directed to
117pay the same out of such funds in the State Treasury not
118otherwise appropriated.
119     Section 4.  This act shall take effect upon becoming a law.


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