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.