Florida Senate - 2021                             (NP)    SB 350
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00740-21                                            2021350__
    1                        A bill to be entitled                      
    2         An act for the relief of Angela Sozzani; requiring
    3         that the Department of Children and Families request
    4         up to a certain amount in its annual legislative
    5         budget request each fiscal year to compensate Angela
    6         Sozzani for injuries and damages she sustained as a
    7         result of the negligence of individuals and entities
    8         licensed by the department; authorizing the department
    9         to request additional funds under extraordinary
   10         circumstances; providing for the satisfaction of any
   11         liens and the reversion of remaining funds in the
   12         special needs trust upon Angela Sozzani’s death;
   13         providing that fees and costs have not been awarded;
   14         providing an effective date.
   15  
   16         WHEREAS, Angela Sozzani, whose date of birth is April 21,
   17  2000, was in the legal custody of the Department of Children and
   18  Families (formerly known as the Department of Children and
   19  Family Services) and had been placed in the medical foster home
   20  of Ronald and Joyce Bryson on February 6, 2001, and
   21         WHEREAS, Ronald Bryson and Joyce Bryson were each licensed
   22  by the Department of Children and Families to provide foster
   23  care pursuant to s. 409.175, Florida Statutes, and
   24         WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were
   25  providing foster care to three foster children with special
   26  medical needs and after-school care to their two special-needs
   27  grandchildren, even though their foster home was licensed by the
   28  Department of Children and Families to provide care for only two
   29  children, and
   30         WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were
   31  hosting a party and allowed their two grandchildren to swim in
   32  their swimming pool without adult supervision, and
   33         WHEREAS, on April 17, 2002, Angela Sozzani, who was nearly
   34  2 years of age and was unsupervised, wandered out through an
   35  open patio door to the pool area and fell into the swimming
   36  pool, and
   37         WHEREAS, Angela Sozzani experienced severe hypoxic-ischemic
   38  encephalopathy, secondary to a near drowning, and, as a result,
   39  is dependent on receiving 24-hour medical and supportive care,
   40  and
   41         WHEREAS, a lawsuit was filed on behalf of Angela Sozzani in
   42  Pinellas County against the Department of Children and Families,
   43  Ronald and Joyce Bryson, Family Continuity Programs, Inc., and
   44  Help a Child, Inc., and
   45         WHEREAS, Angela Sozzani’s claim against Ronald and Joyce
   46  Bryson was based on each person’s failure to properly supervise
   47  Angela Sozzani and failure to follow rules of the Department of
   48  Children and Families, and
   49         WHEREAS, Angela Sozzani’s claim against Family Continuity
   50  Programs, Inc., which was the lead agency in Pinellas County
   51  pursuant to former s. 409.1671, Florida Statutes, during the
   52  period that Angela Sozzani was placed in the Bryson home, was
   53  based on the entity’s failure to comply with Department of
   54  Children and Families rules, failure to perform monthly home
   55  visits, failure to ensure Angela Sozzani’s safety in the Bryson
   56  foster home, and failure to report the licensing violations that
   57  were observed in the Bryson foster home, and
   58         WHEREAS, Angela Sozzani’s claim against Help a Child, Inc.,
   59  which was the private entity that contracted with the Department
   60  of Children and Families to oversee the operation of the medical
   61  foster care program through which the Brysons were licensed, was
   62  based on the entity’s failure to properly oversee and manage the
   63  Bryson foster home, failure to adequately train Ronald and Joyce
   64  Bryson, failure to comply with Department of Children and
   65  Families rules, and failure to report the licensing violations
   66  that were observed in the Bryson foster home, and
   67         WHEREAS, Angela Sozzani’s claim against the Department of
   68  Children and Families is based on the department’s failure to
   69  follow its own operating procedures and guidelines with respect
   70  to the licensure of the Bryson foster home, which the department
   71  knew or should have known would be a dangerous environment for
   72  Angela Sozzani, and
   73         WHEREAS, as a disabled person, Angela Sozzani is in need of
   74  funds necessary for her care, and
   75         WHEREAS, Angela Sozzani continues to need 24-hour medical
   76  care and treatment as a result of the actions giving rise to
   77  this claim, and
   78         WHEREAS, Angela Sozzani and Family Continuity Programs,
   79  Inc., and Help a Child, Inc., have reached a settlement for the
   80  limits of each entity’s available insurance, and
   81         WHEREAS, pursuant to s. 409.175(15), Florida Statutes, any
   82  person who owns or operates a family foster home for the
   83  Department of Children and Families, including Ronald and Joyce
   84  Bryson, is provided coverage through the Division of Risk
   85  Management of the Department of Financial Services, as provided
   86  in ss. 284.38 and 284.385, Florida Statutes, and
   87         WHEREAS, Angela Sozzani and Ronald and Joyce Bryson have
   88  reached a settlement, and
   89         WHEREAS, the Division of Financial Services paid $200,000,
   90  which includes $100,000 on behalf of the Department of Children
   91  and Families and $100,000 on behalf of Ronald and Joyce Bryson,
   92  pursuant to s. 409.175(15), Florida Statutes, to compensate
   93  Angela Sozzani for damages, and
   94         WHEREAS, a special needs trust has been established for the
   95  exclusive benefit and use of Angela Sozzani, and
   96         WHEREAS, the net settlement proceeds from each defendant
   97  totaling $978,837.62 were deposited into the special needs
   98  trust, and
   99         WHEREAS, Angela Sozzani is currently eligible for and
  100  receiving Medicaid, which is funding her placement, treatment,
  101  and care costs, and
  102         WHEREAS, if Medicaid does not provide any medically
  103  necessary and appropriate health care services, as determined by
  104  Angela Sozzani’s treatment team, such services will be paid for
  105  using assets from the special needs trust, and
  106         WHEREAS, the Department of Children and Families supports
  107  this act to ensure that Angela Sozzani has the funding and
  108  resources necessary to obtain all medically necessary and
  109  appropriate health care for her entire life, and
  110         WHEREAS, since Angela Sozzani’s parents’ rights were
  111  terminated, the Department of Children and Families, through its
  112  lead agency, ChildNet, Inc., has not been able to find a
  113  permanent family to adopt Angela Sozzani, and she has lived,
  114  been cared for, and been treated at Kidz Korner for 17 years,
  115  which has been her only home, with the Department of Children
  116  and Families’ support, and
  117         WHEREAS, Dr. Nicholas D.A. Suite, M.D., a board-certified
  118  neurologist, has recently reported that Angela Sozzani’s
  119  condition has improved from an anoxic-ischemic coma in a
  120  persistent vegetative state to a minimally conscious state and
  121  that, with optimum medical care such as she has been receiving
  122  at Kidz Korner, Angela Sozzani’s life expectancy can be
  123  approximately 20 to 25 years, and
  124         WHEREAS, as Angela Sozzani will be turning 21 on April 21,
  125  2021, this legislative session will be her last opportunity to
  126  obtain the passage of a claims bill before the time that she is
  127  at risk of facing significant expenditures from her trust
  128  because of the reduction in her Medicaid benefits as a medically
  129  fragile child under the age of 21, and
  130         WHEREAS, because it is unknown how long Angela Sozzani will
  131  live, and if medically necessary and appropriate health care
  132  will be provided through Medicaid, the Department of Children
  133  and Families has agreed to request, in its annual legislative
  134  budget request, funds to replenish those funds that have been
  135  expended by the special needs trust to provide for Angela
  136  Sozzani’s placement costs and medical care and treatment which
  137  are not funded by Medicaid, and
  138         WHEREAS, upon the death of Angela Sozzani, any proceeds
  139  remaining in her special needs trust shall first be used to
  140  satisfy the Medicaid lien, together with any additional amounts
  141  owed pursuant to the lien, and the remainder shall be paid to
  142  the General Revenue Fund, NOW, THEREFORE,
  143  
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. The facts stated in the preamble to this act are
  147  found and declared to be true.
  148         Section 2. The Department of Children and Families shall
  149  include in its annual legislative budget request for each fiscal
  150  year a request for a specific amount to replenish the special
  151  needs trust of Angela Sozzani, up to $180,000, to the extent
  152  that any funds in the special needs trust have been expended for
  153  Angela Sozzani’s placement costs and medical care and treatment.
  154         Section 3. In the event of extraordinary circumstances, the
  155  Department of Children and Families, in its sole discretion, may
  156  seek in its annual legislative budget request an amount in
  157  excess of the limit provided in section 2 of this act to
  158  replenish the funds in the special needs trust which have been
  159  expended for Angela Sozzani’s placement costs and medical care
  160  and treatment.
  161         Section 4. Upon the death of Angela Sozzani, any proceeds
  162  remaining in her special needs trust shall first be used to
  163  satisfy the Medicaid lien, together with any additional amounts
  164  owed pursuant to the lien, and the remainder shall revert to the
  165  General Revenue Fund.
  166         Section 5. Attorney fees, lobbying fees, costs, and other
  167  similar expenses relating to this claim have not been awarded
  168  since Angela Sozzani’s attorneys have provided pro bono
  169  representation.
  170         Section 6. This act shall take effect upon becoming a law.