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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1010 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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1212 A bill to be entitled 1
1313 An act for the relief of Michael Barnett, individually 2
1414 and as the natural parent and legal guardian of R.B.; 3
1515 providing an appropriation to compensate them for 4
1616 injuries and damages sustained as a result of the 5
1717 negligence of the Department of Children and Families; 6
1818 providing a limitation on the payment of attorney 7
1919 fees; providing an effective date. 8
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2121 WHEREAS, in September 2010, Patrick Dell entered the 10
2222 Riviera Beach residence of his estranged wife, Natasha Whyte -11
2323 Dell, where he fatally shot her and four of her children and 12
2424 severely wounded a fifth child by shooting him in the neck, and 13
2525 WHEREAS, Dell committed suicide shortly after exiting the 14
2626 residence, and 15
2727 WHEREAS, several months before the shootings, on January 16
2828 26, 2010, the abuse hotline of the Department of Children and 17
2929 Families received a phone call about an incident that occurred 18
3030 in December 2009, and 19
3131 WHEREAS, according to the police report, while Whyte -Dell 20
3232 was visiting a friend, Dell charged at and threatened Whyte -Dell 21
3333 with a knife, verbally threatened to kill her, and flattened all 22
3434 four tires on her vehicle, and 23
3535 WHEREAS, later that same morning, Dell was arrested for 24
3636 aggravated assault with a deadly weapon and criminal mischief, 25 
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4545 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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4747 and 26
4848 WHEREAS, over the course of the following month, the 27
4949 department conducted an investigation but subsequently closed 28
5050 the case file on February 25, 2010, after concluding that the 29
5151 children were not at significant risk of har m, and 30
5252 WHEREAS, a history of threats of violence existed before 31
5353 Dell's shootings of Whyte -Dell and her children, and 32
5454 WHEREAS, the Riviera Beach Police Department had responded 33
5555 to the Whyte-Dell home 34 times in the 4 years preceding the day 34
5656 of the shootings, and 35
5757 WHEREAS, 11 of those police responses were for domestic 36
5858 violence disturbances, and 37
5959 WHEREAS, the department knew or had reason to know of the 38
6060 threats and had numerous opportunities to remove the children 39
6161 from that dangerous environment, yet did n ot act and closed 40
6262 their case file, and 41
6363 WHEREAS, the department's southeast regional director 42
6464 acknowledged that the department could have and should have done 43
6565 more for the family and admitted that the investigation was 44
6666 "subpar," and 45
6767 WHEREAS, the departmen t's child protective investigator 46
6868 assigned to the case failed to follow policies and procedures, 47
6969 and 48
7070 WHEREAS, the investigator himself had been accused of 49
7171 domestic violence and was facing pending domestic violence 50 
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8080 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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8282 charges, and 51
8383 WHEREAS, because of the inv estigator's errors and 52
8484 omissions, the department failed to follow up on warning signs 53
8585 that any reasonable investigation should have evaluated, 54
8686 analyzed, and acted upon, especially after discovering the 55
8787 investigator's inherent conflict of interest, and 56
8888 WHEREAS, the department failed to perform any secondary 57
8989 review or reinvestigation after the investigator's pending 58
9090 domestic violence charges were made public, and 59
9191 WHEREAS, in an appeal to the Supreme Court of Florida, the 60
9292 court held that the Whyte -Dell family shootings are to be 61
9393 treated as a single incident or occurrence, and 62
9494 WHEREAS, Michael Barnett, individually and as the natural 63
9595 parent and legal guardian of R.B., and as the personal 64
9696 representative of the estates of D.B., D.B., and B.B., entered 65
9797 into a settlement agreement and release and a consent final 66
9898 judgment with the State of Florida and the Department of 67
9999 Children and Families, and 68
100100 WHEREAS, per the settlement agreement and release, Michael 69
101101 Barnett and R.B. agree to accept the total amount of $160, 000, 70
102102 including attorney fees and costs, and 71
103103 WHEREAS, through the consent final judgment, judgment was 72
104104 entered in favor of Michael Barnett and R.B. and against the 73
105105 department in the amount of $296,400, NOW, THEREFORE, 74
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115115 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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117117 Be It Enacted by the Legislature of the State of Florida: 76
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119119 Section 1. The facts stated in the preamble to this act 78
120120 are found and declared to be true. 79
121121 Section 2. The sum of $296,400 is appropriated from the 80
122122 General Revenue Fund to the Department of Children and Families 81
123123 for the relief of Michael Barnett, individually and as the 82
124124 natural parent and legal guardian of R.B., for injuries and 83
125125 damages sustained. 84
126126 Section 3. The Chief Financial Officer is directed to draw 85
127127 a warrant in favor of Michael Barnett and R.B. in the sum of 86
128128 $296,400 upon funds of the Department of Children and Families 87
129129 in the State Treasury and to pay the same out of such funds in 88
130130 the State Treasury. 89
131131 Section 4. The amount paid by the Department of Children 90
132132 and Families pursuant to s. 768.28, Florida Statutes, an d the 91
133133 amount awarded under this act are intended to provide the sole 92
134134 compensation for all present and future claims arising out of 93
135135 the factual situation described in this act which resulted in 94
136136 injuries and damages to Michael Barnett and R.B. The total 95
137137 amount paid for attorney fees relating to this claim may not 96
138138 exceed 25 percent of the total amount awarded under this act. 97
139139 Section 5. This act shall take effect upon becoming a law. 98