Florida Senate - 2027 (NP) SB 24
By Senator Rodriguez
40-00044-27 202724__
1 A bill to be entitled
2 An act for the relief of C.C. by the Department of
3 Children and Families; providing an appropriation to
4 compensate C.C. for injuries and damages sustained as
5 a result of the negligence of the department;
6 providing a limitation on compensation and the payment
7 of attorney fees and certain costs; providing an
8 effective date.
9
10 WHEREAS, on August 12, 2014, Anna Highland, a resident of
11 Fort Myers, gave birth to C.C., who was born addicted to
12 methadone as a result of Ms. Highland’s opiate dependence,
13 cocaine abuse, and intravenous drug use, and
14 WHEREAS, at the time of C.C.’s birth, Ms. Highland was
15 licensed as a foster parent by the Department of Children and
16 Families and had significant involvement with the department
17 dating back to 2012, and
18 WHEREAS, due to Ms. Highland’s drug abuse throughout her
19 pregnancy, C.C. suffered severe withdrawal symptoms after his
20 birth which required him to be hospitalized for a month in a
21 neonatal intensive care unit and treated with morphine, and
22 WHEREAS, during the 6 months before C.C.’s birth, the
23 department received three separate child abuse hotline reports
24 regarding Ms. Highland, including reports alleging that she was
25 abusing drugs and physically abusing her foster child, and
26 WHEREAS, the department opened an investigation after
27 receiving a fourth child abuse hotline report made on August 12,
28 2014, the day of C.C.’s birth, alleging that Ms. Highland had
29 tested positive for drugs while pregnant, and
30 WHEREAS, on September 3, 2014, while the investigation was
31 pending, the department received two additional child abuse
32 hotline reports alleging that Ms. Highland was abusing drugs,
33 and
34 WHEREAS, despite receiving six child abuse allegations
35 within a 7-month period, the department advised the hospital on
36 September 3, 2014, that there was no hold on C.C. and that he
37 was free to be released to Ms. Highland, and
38 WHEREAS, on September 6, 2014, C.C. was discharged from the
39 hospital to Ms. Highland’s care with no intervention and no
40 services in place to protect C.C. from the potentially dangerous
41 effects of Ms. Highland’s drug addiction, and
42 WHEREAS, on September 23, 2014, the department closed its
43 investigation with a finding that substance misuse was not
44 substantiated and a determination that Ms. Highland’s methadone
45 use had no implications for child safety, and
46 WHEREAS, on June 3, 2015, and again on August 6, 2015, the
47 department received two new child abuse hotline reports alleging
48 that Ms. Highland was abusing the foster child in her care, both
49 of which reports the department closed without investigation,
50 and
51 WHEREAS, on September 12, 2015, when C.C. was 13 months
52 old, he overdosed on Ms. Highland’s methadone, was found
53 unresponsive and not breathing, and was rushed to the hospital
54 in critical condition, where he remained in a coma for 2 weeks
55 and was hospitalized for 1 month, and
56 WHEREAS, the department’s investigation of C.C.’s overdose
57 revealed that Ms. Highland, as well as her mother who was
58 present, waited 5 hours before seeking medical attention for
59 C.C. while his condition continued to deteriorate, and
60 WHEREAS, as a result of the department’s investigation of
61 the overdose, C.C. was finally removed from Ms. Highland’s care
62 and placed in the care of his father, and
63 WHEREAS, as the state agency charged with operating the
64 child welfare system in this state, including conducting child
65 protective investigations to ensure child safety and prevent
66 further harm to children under s. 39.001, Florida Statutes, the
67 department owed C.C. a duty to ensure his safety and protect him
68 from further harm, and
69 WHEREAS, the department failed to protect C.C. from further
70 harm when it negligently allowed him to be released from the
71 hospital to Ms. Highland’s care after his birth with no services
72 or interventions in place to protect him from the potentially
73 dangerous effects of her drug addiction, and
74 WHEREAS, the department’s negligence resulted in severe and
75 permanent injuries to C.C., now 11 years of age, including, but
76 not limited to, an anoxic brain injury; seizures; strokes and
77 neurological impairments; permanent hearing, vision, and speech
78 impediments; cognitive impairment, including memory loss and
79 learning disabilities; and permanent injuries impacting his
80 coordination and gross and fine motor skills, requiring lifelong
81 care, and
82 WHEREAS, the state recognizes an equitable obligation to
83 redress the injuries and damages C.C. sustained as a result of
84 the negligence of the department and its failure to exercise its
85 duties to ensure the safety of children in this state and to
86 protect them from further harm, NOW, THEREFORE,
87
88 Be It Enacted by the Legislature of the State of Florida:
89
90 Section 1. The facts stated in the preamble to this act are
91 found and declared to be true.
92 Section 2. The sum of $20 million is appropriated from the
93 General Revenue Fund to the Department of Children and Families
94 for the relief of C.C. for injuries and damages sustained.
95 Section 3. The Chief Financial Officer is directed to draw
96 a warrant in favor of C.C., payable to an irrevocable trust
97 created for the exclusive use and benefit of C.C., in the sum of
98 $20 million upon funds of the Department of Children and
99 Families in the State Treasury, and the Chief Financial Officer
100 is directed to pay the same out of such funds in the State
101 Treasury. The trust shall be responsible for payment of attorney
102 fees and costs, lobbying fees, and other similar expenses
103 relating to this claim, subject to the limitations set forth in
104 this act.
105 Section 4. The amount awarded under this act is intended to
106 provide the sole compensation for all present and future claims
107 arising out of the factual situation described in this act which
108 resulted in injuries and damages to C.C. The total amount paid
109 for attorney fees and costs, lobbying fees, and other similar
110 expenses relating to this claim may not exceed 25 percent of the
111 total amount awarded under this act.
112 Section 5. This act shall take effect upon becoming a law.