Florida Senate - 2013 (NP) SB 184
By Senator Soto
14-00020-13 2013184__
1 A bill to be entitled
2 An act for the relief of J.D.S.; providing an
3 appropriation from the General Revenue Fund to
4 compensate J.D.S. for injuries and damages sustained
5 as a result of negligence by the Agency for Persons
6 with Disabilities, as successor agency of the
7 Department of Children and Family Services; providing
8 a limitation on the payment of fees and costs;
9 providing an effective date.
10
11 WHEREAS, in December 2002, J.D.S. was living at the Strong
12 Group Home that was owned and operated by Hester Strong and
13 licensed and supervised by the Department of Children and Family
14 Services. At that time, J.D.S. was a 22-year-old developmentally
15 disabled woman who was afflicted with autism, cerebral palsy,
16 and mental retardation, and
17 WHEREAS, in December 2002, J.D.S. was raped and impregnated
18 by Philip Strong, husband of the owner and operator of the
19 Strong Group Home, and
20 WHEREAS, on April 24, 2003, J.D.S.’s pregnancy was
21 discovered by her physician, and on August 30, 2003, J.D.S. gave
22 birth to a baby girl, known as G.V.S. The newborn infant was
23 immediately taken from J.D.S. and placed for adoption, and
24 WHEREAS, as a result of the rape and impregnation, J.D.S.
25 sustained mental anguish and a further diminution in the quality
26 of her life, and
27 WHEREAS, J.D.S. filed a claim in Orange County Circuit
28 Court alleging that the department negligently supervised the
29 Strong Group Home and that the Strong Group Home was negligently
30 operated, thereby allowing Philip Strong to engage in sexual
31 intercourse with J.D.S., resulting in the rape and impregnation
32 of J.D.S., and
33 WHEREAS, J.D.S.’s claims against the department, the Strong
34 Group Home, and other parties included claims for negligence,
35 violations of chapter 393, Florida Statutes, and violations of
36 the Bill of Rights of Persons with Developmental Disabilities,
37 s. 393.13, Florida Statutes. As a client, J.D.S. had a right
38 under this section to “dignity, privacy, and humane care,
39 including the right to be free from sexual abuse, neglect, and
40 exploitation.” J.D.S. was a client of the department pursuant to
41 s. 393.063(5), Florida Statutes, and the plaintiff alleged that
42 the department had a nondelegable duty to protect J.D.S. from
43 foreseeable harm, including sexual abuse, and
44 WHEREAS, J.D.S. alleged that the department was liable for
45 direct negligence relating to its oversight of the Strong Group
46 Home and that it was vicariously liable for the negligence of
47 the Strong Group Home under the doctrine of respondeat superior
48 pursuant to s. 768.28(9)(a), Florida Statutes, and
49 WHEREAS, before the jury trial commenced on February 6,
50 2012, the parties agreed to settle the case titled Patti R.
51 Jarrell, as plenary guardian of J.D.S., an incapacitated person,
52 Plaintiff, vs. State of Florida, Agency for Persons With
53 Disabilities, as successor agency of the Department of Children
54 and Family Services, for the sum of $1.15 million, and
55 WHEREAS, the terms of the settlement agreement consented to
56 by the parties provide that the Agency for Persons with
57 Disabilities pay $200,000 to J.D.S. and the remaining $950,000
58 be paid pursuant to a stipulated claim bill, and
59 WHEREAS, the agency has agreed to request an appropriation
60 from the Legislature in the amount of $950,000 in its 2013-2014
61 fiscal year budget, and
62 WHEREAS, the $950,000 stipulated settlement is sought
63 through the submission of a claim bill to the Legislature, NOW,
64 THEREFORE,
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. The facts stated in the preamble to this act are
69 found and declared to be true.
70 Section 2. The sum of $950,000 is appropriated from the
71 General Revenue Fund to the Agency for Persons with Disabilities
72 for the relief of J.D.S., as compensation for the injuries and
73 damages she sustained.
74 Section 3. The Chief Financial Officer shall draw a warrant
75 upon funds of the Agency for Persons with Disabilities in the
76 sum of $950,000 and shall pay such amount out of funds in the
77 State Treasury to the AGED Pooled Special Needs Trust, which
78 shall be managed and administered by AGED, Inc., a nonprofit
79 trust company, on behalf of J.D.S.
80 Section 4. The amount paid by the Agency for Persons with
81 Disabilities pursuant to s. 768.28, Florida Statutes, and the
82 amount awarded under this act are intended to provide the sole
83 compensation for all present and future claims arising out of
84 the factual situation described in this act which resulted in
85 the injuries and damages to J.D.S. The total amount paid for
86 attorney fees, lobbying fees, costs, and other similar expenses
87 relating to this claim may not exceed 25 percent of the amount
88 awarded under this act.
89 Section 5. This act shall take effect upon becoming a law.