Florida 2025 Regular Session

Florida House Bill H6515 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	by the Department of Children and Families; providing 4
16	16	an appropriation to compensate Mr. Barnett and R.B. 5
17	17	for injuries and damages sustained; providing a 6
18	18	limitation on compensation and the payment of attorney 7
19	19	fees; providing an effective date. 8
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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, Mr. Dell comm itted suicide shortly after exiting 14
26	26	the 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, hereinafter referred to as "the department," received 18
30	30	a phone call about an incident that occurred in December 2009, 19
31	31	and 20
32	32	WHEREAS, according to the police report of the December 21
33	33	2009 incident, while Ms. Whyte -Dell was visiting a friend, Mr. 22
34	34	Dell charged at and threatened Ms. Whyte -Dell with a knife, 23
35	35	verbally threatened to kil l her, and flattened all four tires on 24
36	36	her vehicle, and 25 
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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	WHEREAS, later that same morning, Mr. Dell was arrested on 26
48	48	charges of aggravated assault with a deadly weapon and criminal 27
49	49	mischief, and 28
50	50	WHEREAS, over the course of the following month, the 29
51	51	department conducted an investigation but subsequently closed 30
52	52	the case file on February 25, 2010, after concluding that Ms. 31
53	53	Whyte-Dell's children were not at significant risk of harm, and 32
54	54	WHEREAS, Mr. Dell had a prior history of making threats of 33
55	55	violence against Ms. Whyte-Dell and her children, and 34
56	56	WHEREAS, the Riviera Beach Police Department had responded 35
57	57	to the Whyte-Dell home 34 times in the 4 years preceding the day 36
58	58	of the shootings, and 37
59	59	WHEREAS, 11 of those police responses were for domestic 38
60	60	violence disturbances, and 39
61	61	WHEREAS, the department should have had reason to know of 40
62	62	the threats and had numerous opportunities to remove the 41
63	63	children from that dangerous environment, yet did not act and 42
64	64	closed its case file, and 43
65	65	WHEREAS, because of the investigator's errors and 44
66	66	omissions, the department failed to follow up on warning signs 45
67	67	that any reasonable investigation should have evaluated, 46
68	68	analyzed, and acted upon, and 47
69	69	WHEREAS, Michael Barnett, individually and as the natural 48
70	70	parent and legal guardian of R.B., and as the personal 49
71	71	representative of the estates of D.B., D.B., and B.B., entered 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	into a settlement agreement and release and a consent final 51
83	83	judgment with the State of Florida and the department, and 52
84	84	WHEREAS, per the settlement agreement and release, Mi chael 53
85	85	Barnett and R.B. agree to accept the total amount of $160,000, 54
86	86	including attorney fees and costs, and 55
87	87	WHEREAS, through the consent final judgment, judgment was 56
88	88	entered in favor of Michael Barnett and R.B. and against the 57
89	89	department in the amount of $296,400, NOW, THEREFORE, 58
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91	91	Be It Enacted by the Legislature of the State of Florida: 60
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93	93	Section 1. The facts stated in the preamble to this act 62
94	94	are found and declared to be true. 63
95	95	Section 2. The sum of $296,400 is appropriated from the 64
96	96	General Revenue Fund to the Department of Children and Families 65
97	97	for the relief of Michael Barnett, individually and as the 66
98	98	natural parent and legal guardian of R.B., for injuries and 67
99	99	damages sustained. 68
100	100	Section 3. The Chief Financial Officer is directed to draw 69
101	101	a warrant in favor of Michael Barnett and R.B. in the sum of 70
102	102	$296,400 upon funds of the Department of Children and Families 71
103	103	in the State Treasury and to pay the same out of such funds in 72
104	104	the State Treasury. 73
105	105	Section 4. The amount paid by the De partment of Children 74
106	106	and Families pursuant to s. 768.28, Florida Statutes, and the 75 
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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	amount awarded under this act are intended to provide the sole 76
118	118	compensation for all present and future claims arising out of 77
119	119	the factual situation described in this act whic h resulted in 78
120	120	injuries and damages to Michael Barnett and R.B. The total 79
121	121	amount paid for attorney fees relating to this claim may not 80
122	122	exceed 25 percent of the total amount awarded under this act. 81
123	123	Section 5. This act shall take effect upon becoming a law. 82