Florida 2025 Regular Session

Florida House Bill H6531 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	
1	2
2		-
3		-	CS/HB 6531 2025
	3	+	HB 6531 2025
4	4
5	5
6	6
7	7		CODING: Words stricken are deletions; words underlined are additions.
8		-	hb6531-~~01-c1~~
9		-	Page 1 of 9
	8	+	hb6531-00
	9	+	Page 1 of 8
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
11		-
12		-
13	11
14	12		A bill to be entitled 1
15	13		An act for the relief of H.H. by the Department of 2
16	14		Children and Families; providing an appropriation to 3
17	15		compensate H.H. for injuries and damages sustained as 4
18	16		a result of the negligence of the department; 5
19	17		providing a limitation on compensation and the payment 6
20	18		of certain fees and costs; providing an effective 7
21	19		date. 8
22	20		9
23	21		WHEREAS, on May 3, 2017, H.H. was a healthy, normally 10
24	22		developing 18 month old, when the Departm ent of Children and 11
25	23		Families received its first child abuse hotline report regarding 12
26	24		H.H., which alleged substance abuse by H.H.'s mother and 13
27	25		stepfather and that H.H.'s mother and stepfather were selling 14
28	26		drugs out of, and harboring a fugitive in, the home, and 15
29	27		WHEREAS, during the course of its investigation of the 16
30	28		initial child abuse hotline report, the department discovered 17
31	29		that the stepfather had been released from the Department of 18
32	30		Corrections 7 months prior to initiation of the department's 19
33	31		investigation after being incarcerated for 3 1/2 years, was on 20
34	32		probation, had been married to the mother for only 1 month and 21
35	33		had been dating the mother for only 3 months prior to initiation 22
36	34		of the department's investigation, and had a significant and 23
37	35		dangerous criminal history that showed a pattern of impulsivity 24
38		-	and violence, and 25
	36	+	and violence, and 25 
39	37
40		-	~~CS/~~HB 6531 2025
	38	+	HB 6531 2025
41	39
42	40
43	41
44	42		CODING: Words stricken are deletions; words underlined are additions.
45		-	hb6531-~~01-c1~~
46		-	Page 2 of 9
	43	+	hb6531-00
	44	+	Page 2 of 8
47	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
48		-
49		-
50	46
51	47		WHEREAS, at the time of the initial child abuse hotline 26
52	48		report, the stepfather had been involved in at least 35 27
53	49		incidents resulting in police reports and his criminal history, 28
54	50		ranging from 2003 through 2013, included a 2003 charge for 29
55	51		driving under the influence, marijuana possession, and drug 30
56	52		equipment possession; another 2003 charge for driving under the 31
57	53		influence and possession of liquor by a person under the age of 32
58	54		21 years; a 2003 char ge for driving while his license was 33
59	55		suspended or revoked, including a prior suspension for refusal 34
60	56		to submit to a lawful test of breath; a 2003 charge for 35
61	57		burglary; 2004 felony convictions for possession of cocaine, 36
62	58		possession of drug paraphernalia, and b urglary of a dwelling, 37
63	59		for which he served concurrent sentences of 270 days and 55 days 38
64	60		in jail; a 2004 arrest for resisting an officer without violence 39
65	61		during a disturbance; a 2005 charging affidavit for violation of 40
66	62		a court order and making threats towar d his girlfriend's 41
67	63		parents; a 2007 battery charge; a 2007 felony conviction for 42
68	64		fleeing and eluding; a 2009 arrest for violation of probation 43
69	65		relating to drug charges; a 2009 charge for marijuana 44
70	66		possession, violation of driver license restrictions, and dr ug 45
71	67		equipment possession; a 2010 arrest for possession of a 46
72	68		controlled substance and possession of a firearm by a convicted 47
73	69		felon; a 2010 arrest for involvement in a marijuana growing 48
74	70		operation and the cultivation and manufacturing of cannabis; 49
75		-	2011 felony convictions for possession of a Schedule II 50
	71	+	2011 felony convictions for possession of a Schedule II 50 
76	72
77		-	~~CS/~~HB 6531 2025
	73	+	HB 6531 2025
78	74
79	75
80	76
81	77		CODING: Words stricken are deletions; words underlined are additions.
82		-	hb6531-~~01-c1~~
83		-	Page 3 of 9
	78	+	hb6531-00
	79	+	Page 3 of 8
84	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
85		-
86		-
87	81
88	82		controlled substance, possession of a firearm by a convicted 51
89	83		felon, manufacture of cannabis, possession of cocaine, fleeing 52
90	84		and eluding, burglary of a dwelling, possession of drug 53
91	85		paraphernalia, driving while his license was suspended, battery 54
92	86		of a law enforcement officer, and escape, for which he was 55
93	87		sentenced to two 366 -day sentences in prison; and 2013 felony 56
94	88		convictions for resisting arrest with violence, fleeing or 57
95	89		attempting to elude, driving while his licen se was suspended or 58
96	90		revoked, battery on a law enforcement officer, and escape, for 59
97	91		which he was sentenced to 4 years in prison, and 60
98	92		WHEREAS, during the course of the department's 61
99	93		investigation of the initial child abuse hotline report, H.H.'s 62
100	94		stepfather refused to submit to a drug test, and 63
101	95		WHEREAS, during the course of its investigation of the 64
102	96		initial abuse report, H.H.'s mother admitted to smoking 65
103	97		marijuana and tested positive for marijuana, and 66
104	98		WHEREAS, despite the department's discoveries regarding 67
105	99		risk of harm to H.H. during the investigation, the department 68
106	100		failed to thoroughly investigate the child abuse hotline report 69
107	101		by failing to speak with any persons who may have had 70
108	102		information regarding H.H.'s safety, such as family members or 71
109	103		the stepfather's probation officer, and failing to request 72
110	104		relevant records and to refer the family to appropriate 73
111		-	services, and 74
	105	+	services, and 74 
112	106
113		-	~~CS/~~HB 6531 2025
	107	+	HB 6531 2025
114	108
115	109
116	110
117	111		CODING: Words stricken are deletions; words underlined are additions.
118		-	hb6531-~~01-c1~~
119		-	Page 4 of 9
	112	+	hb6531-00
	113	+	Page 4 of 8
120	114		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
121		-
122		-
123	115
124	116		WHEREAS, despite the department's knowledge of the 75
125	117		potential risk for harm to H.H. as a result of the initial 76
126	118		investigation, the department incorrectly assessed the danger to 77
127	119		H.H. as "no present danger" under the care of her mother and 78
128	120		stepfather, and 79
129	121		WHEREAS, on June 2, 2017, while the initial investigation 80
130	122		still remained open, the department received a second child 81
131	123		abuse hotline report rega rding H.H., alleging substance misuse 82
132	124		by the mother and stepfather and neglect of H.H. by the mother, 83
133	125		and 84
134	126		WHEREAS, between June 2 and June 28, 2017, the department 85
135	127		failed to investigate the allegations of the second abuse 86
136	128		report, failing to conduct a home visit at the family's 87
137	129		residence, to observe H.H., and to refer the family to services, 88
138	130		and 89
139	131		WHEREAS, on June 28, 2017, the department visited a motel 90
140	132		to which the family had recently relocated, but failed to 91
141	133		conduct any additional investigation in connect ion with the 92
142	134		second abuse report, and 93
143	135		WHEREAS, on July 2, 2017, the department closed both 94
144	136		investigations with no findings without conducting a thorough 95
145	137		investigation or ensuring H.H.'s safety, and 96
146	138		WHEREAS, on September 4, 2017, only 2 months after closi ng 97
147		-	the first two cases alleging abuse of H.H., the department 98
	139	+	the first two cases alleging abuse of H.H., the department 98 
148	140
149		-	~~CS/~~HB 6531 2025
	141	+	HB 6531 2025
150	142
151	143
152	144
153	145		CODING: Words stricken are deletions; words underlined are additions.
154		-	hb6531-~~01-c1~~
155		-	Page 5 of 9
	146	+	hb6531-00
	147	+	Page 5 of 8
156	148		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
157		-
158		-
159	149
160	150		received four additional child abuse hotline reports regarding 99
161	151		severe abuse and neglect of H.H., and 100
162	152		WHEREAS, on September 4, 2017, H.H. was admitted to the 101
163	153		hospital with life-threatening injuries, and 102
164	154		WHEREAS, upon admission to the hospital, H.H. was 103
165	155		unconscious and unresponsive, had a severe traumatic head 104
166	156		injury, had multiple areas of bleeding in her brain, had severe 105
167	157		brain swelling caused by repetitive abusive head trauma, had eye 106
168	158		injuries, was in respiratory failure requiring ventilator 107
169	159		support, was placed in a medically induced coma, underwent two 108
170	160		cranioplasties to remove parts of her skull to allow her brain 109
171	161		swelling to go down, received various other intensive medical 110
172	162		interventions and treatment, and was determined to be the victim 111
173	163		of severe, prolonged, repeated, life -threatening physical abuse 112
174	164		that caused permanent damage, and 113
175	165		WHEREAS, due to the significance of her injuries, H.H. 114
176	166		remained in the hospital for 109 days, and 115
177	167		WHEREAS, a law enforcement investigation determined that 116
178	168		H.H. had been physically abused, neglected, and tortured by her 117
179	169		mother and stepfather, and 118
180	170		WHEREAS, only then did the department finally remove H.H. 119
181	171		from the care of her mother, placing her in the custody of t he 120
182	172		department, and 121
183	173		WHEREAS, as a result of the law enforcement investigation, 122
184		-	H.H.'s mother was charged with and convicted of aggravated child 123
	174	+	H.H.'s mother was charged with and convicted of aggravated child 123 
185	175
186		-	~~CS/~~HB 6531 2025
	176	+	HB 6531 2025
187	177
188	178
189	179
190	180		CODING: Words stricken are deletions; words underlined are additions.
191		-	hb6531-~~01-c1~~
192		-	Page 6 of 9
	181	+	hb6531-00
	182	+	Page 6 of 8
193	183		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
194		-
195		-
196	184
197	185		abuse and child neglect causing great bodily harm and was 124
198	186		sentenced to 40 years in prison, and H.H.'s stepfather was 125
199	187		charged with and convicted of possession of a firearm by a 126
200	188		convicted felon, aggravated child abuse, and child abuse neglect 127
201	189		causing great bodily harm and was sentenced to 25 years in 128
202	190		prison, and 129
203	191		WHEREAS, as a consequence of the department's negligenc e 130
204	192		and failure to take protective action, H.H. suffered 131
205	193		catastrophic and permanent injuries, including, but not limited 132
206	194		to, permanent traumatic brain damage, cerebral palsy, 133
207	195		encephalomalacia, ventriculomegaly, profound developmental 134
208	196		delays, inability to wal k or talk, inability to sit up 135
209	197		independently, dysphagia, inability to eat requiring use of a 136
210	198		feeding tube, posttraumatic epilepsy and seizures that 137
211	199		necessitated surgery and the implantation of a vagus nerve 138
212		-	stimulation device in her chest, ~~spasticity~~, ~~neur o~~ 139
	200	+	stimulation device in her chest and surgery, spas ticity, neuro 139
213	201		storming/automatic dysfunction, obstructive sleep apnea, chronic 140
214	202		constipation and gastroesophageal reflux disease, and chronic 141
215	203		lung disease/restrictive lung disease, and 142
216	204		WHEREAS, H.H. has also been treated for acute respiratory 143
217	205		failure, anemia, transaminitis, hyperglycemia, fevers, 144
218	206		tachycardia, candida stomatitis, and acute tracheitis, and 145
219	207		WHEREAS, in November 2022, H.H. underwent corpus callostomy 146
220	208		surgery to treat seizures that were occurring multiple times 147
221		-	daily~~, and she had another brain surgery in J anuary 2025~~, and 148
	209	+	daily, and 148 
222	210
223		-	~~CS/~~HB 6531 2025
	211	+	HB 6531 2025
224	212
225	213
226	214
227	215		CODING: Words stricken are deletions; words underlined are additions.
228		-	hb6531-~~01-c1~~
229		-	Page 7 of 9
	216	+	hb6531-00
	217	+	Page 7 of 8
230	218		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
231		-
232		-
233	219
234	220		WHEREAS, H.H. will re quire additional brain surgical 149
235	221		procedures in the future and will be catheterized to assist with 150
236	222		going to the bathroom, and 151
237	223		WHEREAS, H.H.'s care is monitored by multiple physicians, 152
238	224		including specialists in pediatrics, palliative care, neurology, 153
239	225		neurosurgery, gastroenterology, pulmonology, orthopedics, and 154
240	226		urology, and 155
241	227		WHEREAS, H.H. receives physical therapy, occupational 156
242	228		therapy, and speech therapy, and 157
243	229		WHEREAS, H.H. requires and will continue to require 158
244	230		constant care, monitoring, supervision, various therapies, 159
245	231		multiple specialist services, and supportive care throughout the 160
246	232		remainder of her life, and 161
247	233		WHEREAS, as the state agency charged under chapter 39, 162
248	234		Florida Statutes, with operating the child welfare system in 163
249		-	this state, including conducting child protective investigations 164
250		-	to ensure child safety and the prevention of further harm to 165
251		-	children, the department failed in its duty to ensure H.H.'s 166
252		-	safety and protect her from harm , and 167
253		-	WHEREAS, following a jury t rial, a verdict was rendered on 168
254		-	December 8, 2023, in the amount of $15 million in favor of H.H., 169
255		-	and 170
256		-	WHEREAS, the jury found that, but for the department 's 171
257		-	negligence in failing to complete a thorough child protective 172
258		-	investigation, to ensure H.H. 's safety, and to protect H.H. from 173
	235	+	this state, including the conduct of child protective 164
	236	+	investigations to ensure child safety and the prevention of 165
	237	+	further harm to children, the department failed in its duty to 166
	238	+	ensure H.H.'s safety and protect her from harm, NOW, THEREFORE, 167
	239	+	168
	240	+	Be It Enacted by the Legislature of the State of Florida: 169
	241	+	170
	242	+	Section 1. The facts stated in the preamble to this act 171
	243	+	are found and declared to be true. 172 
259	244
260		-	~~CS/~~HB 6531 2025
	245	+	HB 6531 2025
261	246
262	247
263	248
264	249		CODING: Words stricken are deletions; words underlined are additions.
265		-	hb6531-~~01-c1~~
266		-	Page 8 of 9
	250	+	hb6531-00
	251	+	Page 8 of 8
267	252		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
268	253
269		-
270		-
271		-	further abuse and neglect, which was its primary duty, H.H. 174
272		-	would not have suffered damages, and 175
273		-	WHEREAS, $200,000 of the jury award was recovered from the 176
274		-	department, which has exhausted the sovereign immunity limits 177
275		-	set forth in s. 768.28, Florida Statutes, and 178
276		-	WHEREAS, the trial court entered a cost judgment awarding 179
277		-	taxable costs in the amount of $126,639.56 to H.H. to be paid by 180
278		-	the department, and 181
279		-	WHEREAS, a total of $14,926,639.56, representing 182
280		-	$14,800,000 in excess of the sovereign immunity limits and 183
281		-	$126,639.56 in costs awarded to H.H., plus interest, remains 184
282		-	unpaid by the department, and 185
283		-	WHEREAS, H.H. is responsible for payment of attorney fees 186
284		-	and all remaining costs and expenses relating to this claim, 187
285		-	subject to the limitations set forth in this act , NOW, 188
286		-	THEREFORE, 189
287		-	190
288		-	Be It Enacted by the Legislature of the State of Florida: 191
289		-	192
290		-	Section 1. The facts stated in the preamble to this act 193
291		-	are found and declared to be true. 194
292		-	Section 2. The sum of $14,926,639.56 is appropriated from 195
293		-	the General Revenue Fund to the Department of Children and 196
294		-	Families for the relief of H.H. for injuries and damages 197
295		-	sustained as a result of the negligence of the department. 198
296		-
297		-	CS/HB 6531 2025
298		-
299		-
300		-
301		-	CODING: Words stricken are deletions; words underlined are additions.
302		-	hb6531-01-c1
303		-	Page 9 of 9
304		-	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
305		-
306		-
307		-
308		-	Section 3. The Chief Financial Officer is directed to draw 199
309		-	a warrant in favor of H.H., payable to an irrevocable trust 200
310		-	created for the exclusive use and benefit of H.H., in the sum of 201
311		-	$14,926,639.56 upon funds of the Department of Children and 202
312		-	Families in the State Treasury and to pay the same out of such 203
313		-	funds in the State Treasury. 204
314		-	Section 4. It is the intent of the Legislature that all 205
315		-	government liens, including Medicaid liens, resulting from the 206
316		-	treatment and care of H.H. for the occurrences described in this 207
317		-	act be waived and paid by the state. 208
318		-	Section 5. The amount paid by the Department of Children 209
319		-	and Families pursuant to s. 768.28, Florida Statutes, and the 210
320		-	amount awarded under this act are intended to provide the sole 211
321		-	compensation for all present and future claims arising out of 212
322		-	the factual situation described in this act which resulted in 213
323		-	injuries and damages to H.H. The total amount paid for attorney 214
324		-	fees relating to this claim may not exceed 25 percent of the 215
325		-	total amount awarded under this act. 216
326		-	Section 6. This act shall take effect upon becoming a law. 217
	254	+	Section 2. The sum of $14,926,639.56 is appropriated from 173
	255	+	the General Revenue Fund to the Department of Children and 174
	256	+	Families for the relief of H. H. for injuries and damages 175
	257	+	sustained as a result of the negligence of the department. 176
	258	+	Section 3. The Chief Financial Officer is directed to draw 177
	259	+	a warrant in favor of H.H., payable to an irrevocable trust 178
	260	+	created for the exclusive use and benefit of H .H., in the sum of 179
	261	+	$14,926,639.56 upon funds of the Department of Children and 180
	262	+	Families in the State Treasury and to pay the same out of such 181
	263	+	funds in the State Treasury. 182
	264	+	Section 4. The amount paid by the Department of Children 183
	265	+	and Families pursuant to s. 768.28, Florida Statutes, and the 184
	266	+	amount awarded under this act are intended to provide the sole 185
	267	+	compensation for all present and future claims arising out of 186
	268	+	the factual situation described in this act which resulted in 187
	269	+	injuries and damages to H.H. Th e total amount paid for attorney 188
	270	+	fees relating to this claim may not exceed 25 percent of the 189
	271	+	total amount awarded under this act. 190
	272	+	Section 5. This act shall take effect upon becoming a law. 191