HB 6515 2025
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hb6515-00
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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
by the Department of Children and Families; providing 4
an appropriation to compensate Mr. Barnett and R.B. 5
for injuries and damages sustained; providing a 6
limitation on compensation and 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, Mr. Dell comm itted suicide shortly after exiting 14
the 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, hereinafter referred to as "the department," received 18
a phone call about an incident that occurred in December 2009, 19
and 20
WHEREAS, according to the police report of the December 21
2009 incident, while Ms. Whyte -Dell was visiting a friend, Mr. 22
Dell charged at and threatened Ms. Whyte -Dell with a knife, 23
verbally threatened to kil l her, and flattened all four tires on 24
her vehicle, and 25
HB 6515 2025
CODING: Words stricken are deletions; words underlined are additions.
hb6515-00
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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
WHEREAS, later that same morning, Mr. Dell was arrested on 26
charges of aggravated assault with a deadly weapon and criminal 27
mischief, and 28
WHEREAS, over the course of the following month, the 29
department conducted an investigation but subsequently closed 30
the case file on February 25, 2010, after concluding that Ms. 31
Whyte-Dell's children were not at significant risk of harm, and 32
WHEREAS, Mr. Dell had a prior history of making threats of 33
violence against Ms. Whyte-Dell and her children, and 34
WHEREAS, the Riviera Beach Police Department had responded 35
to the Whyte-Dell home 34 times in the 4 years preceding the day 36
of the shootings, and 37
WHEREAS, 11 of those police responses were for domestic 38
violence disturbances, and 39
WHEREAS, the department should have had reason to know of 40
the threats and had numerous opportunities to remove the 41
children from that dangerous environment, yet did not act and 42
closed its case file, and 43
WHEREAS, because of the investigator's errors and 44
omissions, the department failed to follow up on warning signs 45
that any reasonable investigation should have evaluated, 46
analyzed, and acted upon, and 47
WHEREAS, Michael Barnett, individually and as the natural 48
parent and legal guardian of R.B., and as the personal 49
representative of the estates of D.B., D.B., and B.B., entered 50
HB 6515 2025
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hb6515-00
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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
into a settlement agreement and release and a consent final 51
judgment with the State of Florida and the department, and 52
WHEREAS, per the settlement agreement and release, Mi chael 53
Barnett and R.B. agree to accept the total amount of $160,000, 54
including attorney fees and costs, and 55
WHEREAS, through the consent final judgment, judgment was 56
entered in favor of Michael Barnett and R.B. and against the 57
department in the amount of $296,400, NOW, THEREFORE, 58
59
Be It Enacted by the Legislature of the State of Florida: 60
61
Section 1. The facts stated in the preamble to this act 62
are found and declared to be true. 63
Section 2. The sum of $296,400 is appropriated from the 64
General Revenue Fund to the Department of Children and Families 65
for the relief of Michael Barnett, individually and as the 66
natural parent and legal guardian of R.B., for injuries and 67
damages sustained. 68
Section 3. The Chief Financial Officer is directed to draw 69
a warrant in favor of Michael Barnett and R.B. in the sum of 70
$296,400 upon funds of the Department of Children and Families 71
in the State Treasury and to pay the same out of such funds in 72
the State Treasury. 73
Section 4. The amount paid by the De partment of Children 74
and Families pursuant to s. 768.28, Florida Statutes, and the 75
HB 6515 2025
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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
amount awarded under this act are intended to provide the sole 76
compensation for all present and future claims arising out of 77
the factual situation described in this act whic h resulted in 78
injuries and damages to Michael Barnett and R.B. The total 79
amount paid for attorney fees relating to this claim may not 80
exceed 25 percent of the total amount awarded under this act. 81
Section 5. This act shall take effect upon becoming a law. 82