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.