Florida 2023 Regular Session

Florida House Bill H6009 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act for the relief of Michael Barnett, individually 2
14	14	and as the natural parent and legal guardian of R.B.; 3
15	15	providing an appropriation to compensate them for 4
16	16	injuries and damages sustained as a result of the 5
17	17	negligence of the Department of Children and Families; 6
18	18	providing a limitation on the payment of attorney 7
19	19	fees; providing an effective date. 8
20	20	9
21	21	WHEREAS, in September 2010, Patrick Dell entered the 10
22	22	Riviera Beach residence of his estranged wife, Natasha Whyte -11
23	23	Dell, where he fatally shot her and four of her children and 12
24	24	severely wounded a fifth child by shooting him in the neck, and 13
25	25	WHEREAS, Dell committed suicide shortly after exiting the 14
26	26	residence, and 15
27	27	WHEREAS, several months before the shootings, on January 16
28	28	26, 2010, the abuse hotline of the Department of Children and 17
29	29	Families received a phone call about an incident that occurred 18
30	30	in December 2009, and 19
31	31	WHEREAS, according to the police report, while Whyte -Dell 20
32	32	was visiting a friend, Dell charged at and threatened Whyte -Dell 21
33	33	with a knife, verbally threatened to kill her, and flattened all 22
34	34	four tires on her vehicle, and 23
35	35	WHEREAS, later that same morning, Dell was arrested for 24
36	36	aggravated assault with a deadly weapon and criminal mischief, 25 
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38	38	HB 6009 2023
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	and 26
48	48	WHEREAS, over the course of the following month, the 27
49	49	department conducted an investigation but subsequently closed 28
50	50	the case file on February 25, 2010, after concluding that the 29
51	51	children were not at significant risk of har m, and 30
52	52	WHEREAS, a history of threats of violence existed before 31
53	53	Dell's shootings of Whyte -Dell and her children, and 32
54	54	WHEREAS, the Riviera Beach Police Department had responded 33
55	55	to the Whyte-Dell home 34 times in the 4 years preceding the day 34
56	56	of the shootings, and 35
57	57	WHEREAS, 11 of those police responses were for domestic 36
58	58	violence disturbances, and 37
59	59	WHEREAS, the department knew or had reason to know of the 38
60	60	threats and had numerous opportunities to remove the children 39
61	61	from that dangerous environment, yet did n ot act and closed 40
62	62	their case file, and 41
63	63	WHEREAS, the department's southeast regional director 42
64	64	acknowledged that the department could have and should have done 43
65	65	more for the family and admitted that the investigation was 44
66	66	"subpar," and 45
67	67	WHEREAS, the departmen t's child protective investigator 46
68	68	assigned to the case failed to follow policies and procedures, 47
69	69	and 48
70	70	WHEREAS, the investigator himself had been accused of 49
71	71	domestic violence and was facing pending domestic violence 50 
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80	80	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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82	82	charges, and 51
83	83	WHEREAS, because of the inv estigator's errors and 52
84	84	omissions, the department failed to follow up on warning signs 53
85	85	that any reasonable investigation should have evaluated, 54
86	86	analyzed, and acted upon, especially after discovering the 55
87	87	investigator's inherent conflict of interest, and 56
88	88	WHEREAS, the department failed to perform any secondary 57
89	89	review or reinvestigation after the investigator's pending 58
90	90	domestic violence charges were made public, and 59
91	91	WHEREAS, in an appeal to the Supreme Court of Florida, the 60
92	92	court held that the Whyte -Dell family shootings are to be 61
93	93	treated as a single incident or occurrence, and 62
94	94	WHEREAS, Michael Barnett, individually and as the natural 63
95	95	parent and legal guardian of R.B., and as the personal 64
96	96	representative of the estates of D.B., D.B., and B.B., entered 65
97	97	into a settlement agreement and release and a consent final 66
98	98	judgment with the State of Florida and the Department of 67
99	99	Children and Families, and 68
100	100	WHEREAS, per the settlement agreement and release, Michael 69
101	101	Barnett and R.B. agree to accept the total amount of $160, 000, 70
102	102	including attorney fees and costs, and 71
103	103	WHEREAS, through the consent final judgment, judgment was 72
104	104	entered in favor of Michael Barnett and R.B. and against the 73
105	105	department in the amount of $296,400, NOW, THEREFORE, 74
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115	115	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117	117	Be It Enacted by the Legislature of the State of Florida: 76
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119	119	Section 1. The facts stated in the preamble to this act 78
120	120	are found and declared to be true. 79
121	121	Section 2. The sum of $296,400 is appropriated from the 80
122	122	General Revenue Fund to the Department of Children and Families 81
123	123	for the relief of Michael Barnett, individually and as the 82
124	124	natural parent and legal guardian of R.B., for injuries and 83
125	125	damages sustained. 84
126	126	Section 3. The Chief Financial Officer is directed to draw 85
127	127	a warrant in favor of Michael Barnett and R.B. in the sum of 86
128	128	$296,400 upon funds of the Department of Children and Families 87
129	129	in the State Treasury and to pay the same out of such funds in 88
130	130	the State Treasury. 89
131	131	Section 4. The amount paid by the Department of Children 90
132	132	and Families pursuant to s. 768.28, Florida Statutes, an d the 91
133	133	amount awarded under this act are intended to provide the sole 92
134	134	compensation for all present and future claims arising out of 93
135	135	the factual situation described in this act which resulted in 94
136	136	injuries and damages to Michael Barnett and R.B. The total 95
137	137	amount paid for attorney fees relating to this claim may not 96
138	138	exceed 25 percent of the total amount awarded under this act. 97
139	139	Section 5. This act shall take effect upon becoming a law. 98