Florida Senate - 2026 (NP) SB 18 By Senator Martin 33-00072A-26 202618__ 1 A bill to be entitled 2 An act for the relief of the Estate of M.N. by the 3 Broward County Sheriff’s Office; providing an 4 appropriation to compensate the estate for injuries 5 sustained by M.N. and her subsequent death as a result 6 of the negligence of the Broward County Sheriff’s 7 Office; providing a limitation on compensation and the 8 payment of attorney fees; providing an effective date. 9 10 WHEREAS, Keshia Walsh and Christopher Nevarez were parents 11 to M.N., born on April 20, 2016, and to D.N., born on February 12 2, 2012, and 13 WHEREAS, on August 19, 2016, Ms. Walsh brought M.N., then 3 14 months old, to Broward Health Medical Center reporting that M.N. 15 had fallen from a couch and sustained a black eye while they 16 were at the home of Juan Santos, where Ms. Walsh and M.N. were 17 living at the time, and 18 WHEREAS, Mr. Nevarez and Ms. Walsh brought M.N. to a 19 follow-up pediatrician appointment pursuant to follow-up care 20 instructions from Broward Health Medical Center, and 21 WHEREAS, at the follow-up visit, Mr. Nevarez questioned the 22 doctor as to whether M.N. could have sustained her injuries as 23 the result of a fall, and the doctor responded that it was 24 possible, and 25 WHEREAS, on October 13, 2016, Ms. Walsh brought 5-month-old 26 M.N. to Northwest Medical Center, in Broward County, with a 27 fever and intermittent leg pain, and 28 WHEREAS, diagnostic imaging revealed that M.N. had multiple 29 fractures in her upper and lower extremities which were in 30 different stages of healing, including fractures to her left 31 tibia, left fibula, and left radius, which Ms. Walsh had no 32 explanation for, and 33 WHEREAS, the treating physician consulted with a pediatric 34 orthopedic specialist who, upon reviewing M.N.’s diagnostic 35 imaging, advised that the fractures appeared to be non 36 accidental and recommended that her injuries be reported to the 37 Florida Abuse Hotline overseen by the Department of Children and 38 Families, and 39 WHEREAS, a report was made to the Florida Abuse Hotline and 40 was assigned to the Broward County Sheriff’s Office (BSO), the 41 agency responsible for child protective investigations in 42 Broward County, and 43 WHEREAS, a BSO child protective investigator (CPI) 44 responded to the hospital, observed the injuries, learned that 45 they were unexplained and occurred under the care of Ms. Walsh 46 while living with Mr. Santos, and noted that Ms. Walsh had 47 previously taken M.N. to multiple facilities for treatment for 48 various injuries, including the prior black eye, and 49 WHEREAS, Mr. Nevarez had been an active parent in M.N.’s 50 life; however, Ms. Walsh cut off contact with Mr. Nevarez in 51 mid-September 2016, and refused to tell him where she and M.N. 52 were living, and 53 WHEREAS, Mr. Nevarez was the non-offending parent, meaning 54 he had no role in causing or failing to prevent M.N.’s injuries, 55 Mr. Nevarez was required to be the first person contacted by the 56 BSO during the investigation, and, if contact was initially 57 unsuccessful, the BSO was required to make daily attempts to 58 contact Mr. Nevarez, and 59 WHEREAS, the BSO failed to contact Mr. Navarez immediately, 60 failed to notify him that M.N. had multiple unexplained 61 fractures in different stages of healing, failed to immediately 62 place M.N. with Mr. Nevarez for her protection, and failed to 63 make daily attempts to contact Mr. Nevarez, and 64 WHEREAS, when an abuse investigation is initiated at a 65 hospital emergency room, the CPI is required to consult with the 66 attending physician to determine whether the injury is the 67 result of maltreatment and immediately contact the Child 68 Protective Team (CPT) in person or by phone to discuss all 69 reports of fractures in a child of any age; however, the BSO 70 failed to consult with the attending physician and failed to 71 contact the CPT from the hospital, and 72 WHEREAS, during an abuse investigation, the BSO’s 73 assessment of the safety and perceived needs of the child and 74 family must include a face-to-face interview with the child, 75 other siblings, parents, and other adults in the household; 76 however, the BSO failed to interview Mr. Santos, and 77 WHEREAS, the BSO is required to review the prior criminal 78 history of parents and caregivers and complete a criminal 79 history check within 24 hours of an individual’s identity and 80 presence in the home becoming known to the investigator; 81 however, the BSO failed to complete a background check on Mr. 82 Santos, and 83 WHEREAS, despite the BSO’s actual knowledge of a pattern of 84 unexplained injuries to M.N., M.N.’s three unexplained diagnosed 85 fractures, and the CPI’s personal observations of bruising 86 around M.N.’s eye and discoloration on M.N.’s left wrist, the 87 CPI did not suspect abuse, found that there was no present 88 danger or threat to M.N., allowed M.N. to be discharged from the 89 hospital into Ms. Walsh’s custody, and implemented a Safety Plan 90 for M.N. to remain in Ms. Walsh’s care with no further 91 investigation into how M.N. sustained her injuries, and 92 WHEREAS, on October 18, 2016, the BSO supervisor instructed 93 the CPI to obtain the medical file from M.N.’s August hospital 94 visit, obtain collateral information from neighbors, and refer 95 daycare services to Ms. Walsh, and 96 WHEREAS, the CPI’s chronological case notes do not reflect 97 any activity on the investigation into M.N.’s injuries after 98 these directives, and 99 WHEREAS, the BSO also failed to review M.N.’s medical file, 100 have M.N. seen by CPT, interview any third-parties, including 101 family, friends, and neighbors, and ensure M.N. was enrolled in 102 daycare, and 103 WHEREAS, Ann McClain, M.N.’s paternal grandmother, with 104 whom M.N. and Ms. Walsh previously resided until Ms. Walsh 105 abruptly left the home in mid-September 2016 with M.N., 106 maintained some contact via text messages with Ms. Walsh, but 107 could not discover where Ms. Walsh and M.N. were living, and 108 WHEREAS, Mr. Nevarez repeatedly tried to see M.N. and find 109 out where she was living by texting Ms. Walsh, going to Ms. 110 Walsh’s place of employment, contacting Ms. Walsh’s relatives 111 and friends, and going to D.N.’s daycare, but Ms. Walsh ignored 112 his repeated requests to see M.N., and 113 WHEREAS, on October 24, 2016, while the BSO’s child 114 protective investigation was still open, M.N. sustained life 115 threatening injuries including a parietal skull fracture, brain 116 and spinal cord trauma, retinal hemorrhages, and two femur 117 fractures due to abuse while in the care of Ms. Walsh and Mr. 118 Santos, and 119 WHEREAS, M.N. was transported to the hospital and declared 120 brain dead that same day, placed on life support, and died on 121 October 28, 2016, and 122 WHEREAS, the BSO closed its investigation into M.N.’s abuse 123 on July 17, 2017, with verified findings of bone fractures, 124 internal injuries, threatened harm, and death, and 125 WHEREAS, the BSO placed D.N. in Mr. Nevarez’s care, 126 implemented a safety plan preventing Ms. Walsh from having 127 contact with D.N., and Ms. Walsh’s parental rights to D.N. were 128 terminated on June 20, 2018, at the BSO’s request, and 129 WHEREAS, but for the BSO’s negligence in failing to 130 reasonably investigate allegations of abuse of M.N., and failing 131 to remove M.N. from Ms. Walsh and Mr. Santos’ care, the injuries 132 sustained during the BSO’s investigation and M.N.’s death would 133 not have occurred, and 134 WHEREAS, in August 2023, the case was tried in the 17th 135 Judicial Circuit Court of Broward County, and 136 WHEREAS, the BSO admitted negligence at trial, and the jury 137 found that M.N.’s death and Mr. Nevarez’s loss were due to BSO’s 138 failure to conduct a thorough child protective investigation and 139 ensure M.N.’s safety, and 140 WHEREAS, the court awarded $4.5 million to Mr. Nevarez, 141 M.N.’s non-offending father, for his pain and suffering, of 142 which $2.61 million, or 58 percent of the fault, was attributed 143 to BSO, and 144 WHEREAS, the BSO has paid $110,000 and Broward County has 145 paid $90,000 for claims against the County related to CPT, which 146 has exhausted the sovereign immunity limits set forth in s. 147 768.28, Florida Statutes, and 148 WHEREAS, the court entered a cost judgment awarding taxable 149 costs in the amount of $88,258.50 to the Estate of M.N., to be 150 paid by the BSO, and 151 WHEREAS, the Estate of M.N. is responsible for payment of 152 attorney fees and all remaining costs and expenses relating to 153 this claim, subject to the limitations set forth in this act, 154 and 155 WHEREAS, the sum of $2,588,258.50, representing the 156 judgment from the verdict against the BSO in the amount of $2.61 157 million plus the cost judgment entered against the BSO in the 158 amount of $88,258.50, less BSO’s payment of $110,000 in 159 satisfaction of its portion of the sovereign immunity limits, 160 remains unpaid by the BSO, NOW, THEREFORE, 161 162 Be It Enacted by the Legislature of the State of Florida: 163 164 Section 1. The facts stated in the preamble to this act are 165 found and declared to be true. 166 Section 2. The Broward County Sheriff’s Office is 167 authorized and directed to appropriate from funds not otherwise 168 encumbered and to draw a warrant in the sum of $2,588,258.50 169 payable to the Estate of M.N. as compensation for injuries and 170 damages sustained. 171 Section 3. It is the intent of the Legislature that all 172 government liens, including Medicaid liens, resulting from the 173 treatment and care of M.N. for the occurrences described in this 174 act be waived and paid by the state. 175 Section 4. The amount paid by the Broward County Sheriff’s 176 Office pursuant to s. 768.28, Florida Statutes, and the amount 177 awarded under this act are intended to provide the sole 178 compensation for all present and future claims arising out of 179 the factual situation described in this act which resulted in 180 injuries and damages to the Estate of M.N. The total amount paid 181 for attorney fees relating to this claim may not exceed 25 182 percent of the total amount awarded under this act. 183 Section 5. This act shall take effect upon becoming a law.