HB 6009 2023
CODING: Words stricken are deletions; words underlined are additions.
hb6009-00
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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
A bill to be entitled 1
An act for the relief of Michael Barnett, individually 2
and as the natural parent and legal guardian of R.B.; 3
providing an appropriation to compensate them for 4
injuries and damages sustained as a result of the 5
negligence of the Department of Children and Families; 6
providing a limitation on the payment of attorney 7
fees; providing an effective date. 8
9
WHEREAS, in September 2010, Patrick Dell entered the 10
Riviera Beach residence of his estranged wife, Natasha Whyte -11
Dell, where he fatally shot her and four of her children and 12
severely wounded a fifth child by shooting him in the neck, and 13
WHEREAS, Dell committed suicide shortly after exiting the 14
residence, and 15
WHEREAS, several months before the shootings, on January 16
26, 2010, the abuse hotline of the Department of Children and 17
Families received a phone call about an incident that occurred 18
in December 2009, and 19
WHEREAS, according to the police report, while Whyte -Dell 20
was visiting a friend, Dell charged at and threatened Whyte -Dell 21
with a knife, verbally threatened to kill her, and flattened all 22
four tires on her vehicle, and 23
WHEREAS, later that same morning, Dell was arrested for 24
aggravated assault with a deadly weapon and criminal mischief, 25
HB 6009 2023
CODING: Words stricken are deletions; words underlined are additions.
hb6009-00
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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
and 26
WHEREAS, over the course of the following month, the 27
department conducted an investigation but subsequently closed 28
the case file on February 25, 2010, after concluding that the 29
children were not at significant risk of har m, and 30
WHEREAS, a history of threats of violence existed before 31
Dell's shootings of Whyte -Dell and her children, and 32
WHEREAS, the Riviera Beach Police Department had responded 33
to the Whyte-Dell home 34 times in the 4 years preceding the day 34
of the shootings, and 35
WHEREAS, 11 of those police responses were for domestic 36
violence disturbances, and 37
WHEREAS, the department knew or had reason to know of the 38
threats and had numerous opportunities to remove the children 39
from that dangerous environment, yet did n ot act and closed 40
their case file, and 41
WHEREAS, the department's southeast regional director 42
acknowledged that the department could have and should have done 43
more for the family and admitted that the investigation was 44
"subpar," and 45
WHEREAS, the departmen t's child protective investigator 46
assigned to the case failed to follow policies and procedures, 47
and 48
WHEREAS, the investigator himself had been accused of 49
domestic violence and was facing pending domestic violence 50
HB 6009 2023
CODING: Words stricken are deletions; words underlined are additions.
hb6009-00
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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
charges, and 51
WHEREAS, because of the inv estigator's errors and 52
omissions, the department failed to follow up on warning signs 53
that any reasonable investigation should have evaluated, 54
analyzed, and acted upon, especially after discovering the 55
investigator's inherent conflict of interest, and 56
WHEREAS, the department failed to perform any secondary 57
review or reinvestigation after the investigator's pending 58
domestic violence charges were made public, and 59
WHEREAS, in an appeal to the Supreme Court of Florida, the 60
court held that the Whyte -Dell family shootings are to be 61
treated as a single incident or occurrence, and 62
WHEREAS, Michael Barnett, individually and as the natural 63
parent and legal guardian of R.B., and as the personal 64
representative of the estates of D.B., D.B., and B.B., entered 65
into a settlement agreement and release and a consent final 66
judgment with the State of Florida and the Department of 67
Children and Families, and 68
WHEREAS, per the settlement agreement and release, Michael 69
Barnett and R.B. agree to accept the total amount of $160, 000, 70
including attorney fees and costs, and 71
WHEREAS, through the consent final judgment, judgment was 72
entered in favor of Michael Barnett and R.B. and against the 73
department in the amount of $296,400, NOW, THEREFORE, 74
75
HB 6009 2023
CODING: Words stricken are deletions; words underlined are additions.
hb6009-00
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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
Be It Enacted by the Legislature of the State of Florida: 76
77
Section 1. The facts stated in the preamble to this act 78
are found and declared to be true. 79
Section 2. The sum of $296,400 is appropriated from the 80
General Revenue Fund to the Department of Children and Families 81
for the relief of Michael Barnett, individually and as the 82
natural parent and legal guardian of R.B., for injuries and 83
damages sustained. 84
Section 3. The Chief Financial Officer is directed to draw 85
a warrant in favor of Michael Barnett and R.B. in the sum of 86
$296,400 upon funds of the Department of Children and Families 87
in the State Treasury and to pay the same out of such funds in 88
the State Treasury. 89
Section 4. The amount paid by the Department of Children 90
and Families pursuant to s. 768.28, Florida Statutes, an d the 91
amount awarded under this act are intended to provide the sole 92
compensation for all present and future claims arising out of 93
the factual situation described in this act which resulted in 94
injuries and damages to Michael Barnett and R.B. The total 95
amount paid for attorney fees relating to this claim may not 96
exceed 25 percent of the total amount awarded under this act. 97
Section 5. This act shall take effect upon becoming a law. 98