Florida Senate - 2026                              (NP)    SB 22
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00028A-26                                            202622__
    1                        A bill to be entitled                      
    2         An act for the relief of L.P., a minor, by the
    3         Department of Children and Families; providing an
    4         appropriation to compensate L.P. for injuries and
    5         damages sustained due to the negligence of employees
    6         and caseworkers of the department; providing a
    7         limitation on compensation and the payment of fees and
    8         costs; providing an effective date.
    9  
   10         WHEREAS, on June 25, 2015, a family member of then-6-year
   11  old L.P. called the Sarasota Police Department to request a
   12  wellness check of the mother of L.P. due to a suicide video the
   13  mother sent to relatives, along with other bizarre behaviors
   14  that called her mental fitness into question, and
   15         WHEREAS, in response to this call, the Sarasota Police
   16  Department complied with its statutory duty to report known or
   17  possible child abuse by notifying the Department of Children and
   18  Families (DCF), which, through its employees and caseworkers,
   19  responded to the home late on June 25, 2015, but failed to
   20  identify the mother of L.P., much less identify several
   21  forewarnings as to the mother’s mental health status, and
   22         WHEREAS, because of the inadequate wellness check by DCF
   23  employees, including failure to implement a readily available
   24  safety plan, L.P. was left in the custody of her mother, rather
   25  than her grandmother, who is now her adopted mother and who
   26  lived just a few houses away, and
   27         WHEREAS, because of the negligence of the DCF caseworkers
   28  in failing to recognize the danger to L.P., she was left in her
   29  mother’s custody, and
   30         WHEREAS, the mother of L.P. attempted to murder L.P. within
   31  hours after DCF’s negligent decision, resulting in L.P. being
   32  stabbed no fewer than 14 times, including an attempted
   33  disembowelment, which required lifesaving emergency surgery and
   34  multiple follow-up surgeries and treatments, and
   35         WHEREAS, as a further consequence of the negligence of DCF
   36  through its employees, L.P. will incur a lifetime of significant
   37  pain, suffering, disability, disfigurement, mental anguish,
   38  inconvenience, loss of capacity for the enjoyment of life,
   39  medical costs, future surgeries, and psychological costs over a
   40  potential duration of more than 65 years, and
   41         WHEREAS, following a 2-week trial from February 28 through
   42  March 11, 2022, the jury found DCF negligent and awarded L.P.
   43  damages resulting in a final judgment in the amount of $28
   44  million, and
   45         WHEREAS, an appeal to the Second District Court of Appeal
   46  affirmed the factual findings and the judgment of the jury and
   47  trial court in the case, and
   48         WHEREAS, in the 9 years since her mother attempted to
   49  murder her, L.P. has incurred the costs of multiple lifesaving
   50  surgeries, psychological counseling, and related expenses which
   51  remain unpaid or will be incurred at over $14 million along with
   52  a loss of earning capacity at $1.5 million, and
   53         WHEREAS, the costs incurred in the prosecution of the
   54  claims on behalf of L.P. exceeded $208,000, with over $8,000
   55  remaining to be paid, and
   56         WHEREAS, in accordance with the statutory cap of liability
   57  set forth in s. 768.28, Florida Statutes, DCF has paid $200,000
   58  toward the total amount of this claim, NOW, THEREFORE,
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. The facts stated in the preamble to this act are
   63  found and declared to be true.
   64         Section 2. The sum of $28 million is appropriated from the
   65  General Revenue Fund to the Department of Children and Families
   66  for the relief of L.P. for injuries and damages sustained.
   67         Section 3. The Chief Financial Officer is directed to draw
   68  a warrant in the sum of $28 million payable to a special needs
   69  trust created for the exclusive use and benefit of L.P. for
   70  injuries and damages sustained.
   71         Section 4. The amount paid by the Department of Children
   72  and Families pursuant to s. 768.28, Florida Statutes, and the
   73  amount awarded under this act are intended to provide the sole
   74  compensation for all present and future claims arising out of
   75  the factual situation described in this act which resulted in
   76  injuries and damages to L.P. The total amount paid for attorney
   77  fees, lobbying fees, and other similar expenses relating to this
   78  claim may not exceed 25 percent of the total amount awarded
   79  under this act.
   80         Section 5. This act shall take effect upon becoming a law.