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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 L.E. by the Department of 2
Children and Families; providing an appropriation to 3
compensate L.E. for injuries and damages sustained as 4
a result of the negligence of the department; 5
requiring that specified liens be waived and paid by 6
the state; providing a limitation on compensation and 7
the payment of attorney fees; providing an effective 8
date. 9
10
WHEREAS, L.E. was born on July 29, 2019, and, at birth, 11
tested positive for amphetamines, and 12
WHEREAS, L.E.'s biological mother tested positive for 13
amphetamines after the delivery of L.E., and 14
WHEREAS, while at the hospital, L.E.'s biological mother 15
and father engaged in a violent altercation with each other, and 16
WHEREAS, shortly after L.E.'s birth, the Department of 17
Children and Families received two child abuse hotline reports, 18
one alleging intrafamily violence threatening L.E. and the other 19
alleging drug exposure of newborn L.E., and 20
WHEREAS, the department is charged under s. 39.001, Florida 21
Statutes, with conducting child protective investigations to 22
ensure child safety and prevent further harm to children and 23
owed L.E. a duty to ensure her safety and prevent further harm, 24
and 25
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WHEREAS, the department sent a child protective 26
investigator to the hospital to initiate an investigation into 27
the reported abuse, and 28
WHEREAS, the department discovered that L.E.'s mother had a 29
history of substance misuse, untreated mental health issues, and 30
a criminal history involving violence, and 31
WHEREAS, the department discovered that both L.E.'s mother 32
and father had an extensive history of involvement with the 33
department, including, collectively, at least 20 prior child 34
abuse hotline reports, and 35
WHEREAS, one of those prior reports involved egregious 36
abuse of L.E.'s biological father's other daughter when she was 37
not yet 6 months old, resulting in long -bone fractures, and 38
WHEREAS, the department removed that daughter from the 39
father's care, and 40
WHEREAS, L.E.'s mother's other two biological children had 41
previously been removed from her care due to verified child 42
abuse, and 43
WHEREAS, as L.E.'s mother placed her third child for 44
adoption, she was also planning to place L.E. for adoption and 45
made such arrangements prior to L.E.'s birth, and 46
WHEREAS, shortly after L.E. was born, L.E.'s mother 47
abandoned L.E. at the hospital and, against medical advice, left 48
the hospital with L.E.'s father, and 49
WHEREAS, an adoption specialist arrived at the hospital to 50
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visit L.E., and 51
WHEREAS, while L.E. was still in the hospital following her 52
birth, the department determined that L.E. was in "present 53
danger" if left in the care of her parents and that immediate 54
action was necessary to protect L.E. from further abuse or 55
neglect, and 56
WHEREAS, the department contracted with a child welfare 57
agency and, instead of removing L.E. from her parents' care 58
through a judicial process, the department and its subcontractor 59
developed an out-of-home safety plan to place L.E. with a friend 60
of L.E.'s mother, and 61
WHEREAS, within 3 weeks after that placement, the friend 62
realized that she could no longer care for L.E. and informed the 63
department of this, and 64
WHEREAS, despite a reassessment that established that there 65
was still a "present danger" to L.E. if left in the care of her 66
parents, the department relied upon information from its 67
subcontracted agency, and the joint decision was made to place 68
L.E. into her parents' care, and 69
WHEREAS, on August 21, 2019, L.E. was placed into her 70
parents' home, and 71
WHEREAS, on or about, September 17, 2019, less than 4 weeks 72
later, the department determined that it would be closing its 73
investigation, despite acknowledging that L.E.'s home situation 74
was volatile and unstable and that L.E.'s mother remained 75
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violent and impulsive, and 76
WHEREAS, the subcontractor planned to decrease its 77
monitoring of L.E. and the home upon the department closing its 78
investigation, and 79
WHEREAS, on September 18, 2019, the subcontractor 80
transitioned its services from safety management t o nonjudicial 81
in-home services, which inherently decreased monitoring of L.E. 82
by child welfare professionals, and 83
WHEREAS, on September 24, 2019, the department closed its 84
investigation, despite the fact that there was no evidence of 85
change or progress wi th L.E.'s parents, and 86
WHEREAS, despite the subcontractor's claims that it had 87
provided services to the parents, the department expressly 88
acknowledged in its own investigative summary that, at the time 89
of closing its case, "[t]he home environment continue s to be 90
volatile and unstable on a normal basis. The fighting in the 91
home will stabilize for a period of time but will always return 92
to a chaotic and aggressive environment... [violent and 93
impulsive behaviors] are clearly evident and severe... there has 94
been no clear changes made to their behaviors and the patterns 95
continue... [and] all of the children [including L.E.] are 96
vulnerable," and 97
WHEREAS, the very next day, on September 25, 2019, L.E. was 98
brought to Rockledge Regional Hospital in distress and 99
experiencing seizures, and 100
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WHEREAS, medical staff at Rockledge Regional Hospital found 101
makeup covering obvious bruising across her forehead, and 102
WHEREAS, doctors determined that L.E. had suffered 103
catastrophic injuries from child abuse which had occurred ove r a 104
period of time, including a parietal calvarial skull fracture; a 105
left frontal parietal subdural hematoma with bilateral frontal, 106
temporal, and parietal cortical edema and encephalomalacia; 107
healing fractures of the left sixth and seventh ribs; a healing 108
fracture of the right eighth rib; acute fractures to the right 109
tenth and eleventh ribs; a pelvic fracture –left acetabular 110
cortical avulsion fracture; cortical buckling of the right 111
proximal tibial medial metaphysis; and multiple ecchymotic 112
lesions to the forehead, and 113
WHEREAS, L.E. was immediately transferred to Nemours 114
Children's Hospital in Orlando and admitted in critical 115
condition, due to severe organ system injury and dysfunction, 116
and was diagnosed as being at risk for hypoxia, hypercarbia, 117
hypotension, sepsis, shock, cardiorespiratory arrest, 118
intracranial hypertension, cerebral edema, stroke, and death, 119
and 120
WHEREAS, L.E. was diagnosed with shaken baby syndrome 121
causing traumatic brain injury, seizures, and cerebral palsy, as 122
well as malnourishment, a nd 123
WHEREAS, between August 21, 2019, and September 25, 2019, 124
L.E. was subjected to repeated and severe child abuse and 125
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neglect while in the care of her parents, and 126
WHEREAS, L.E.'s parents were arrested, charged, and 127
convicted of aggravated child abuse b ased upon their abuse of 128
L.E. while she was in their home between August 21, 2019, and 129
September 25, 2019, and 130
WHEREAS, L.E. was subsequently adopted by her maternal 131
grandmother and relocated to Chicago, where she is followed by a 132
medical team at Lurie Ch ildren's Hospital, and 133
WHEREAS, L.E. has received, and will continue to receive, 134
therapeutic services across a host of disciplines, including 135
occupational, physical, speech, nutritional, vision, and 136
cognitive therapy, and 137
WHEREAS, L.E., who just turned 5 years old, is currently 138
under an individual educational plan at school for her 139
disability, which has been formally classified as traumatic 140
brain injury, and 141
WHEREAS, L.E. requires and will continue to require 142
constant care, monitoring, supervision, vario us therapies, 143
multiple specialist services, and supportive care throughout the 144
remainder of her life, which may include admission to a skilled 145
residential home if her adoptive parent is no longer able to 146
care for her, and 147
WHEREAS, the department, charged with operating Florida's 148
child welfare system, failed in its duties to ensure L.E.'s 149
safety and protect her from harm, and 150
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WHEREAS, the department's negligence, in combination with 151
the failures of its subcontracted agency, caused catastrophic 152
brain injury that will have a significant impact on L.E. for the 153
remainder of her life, and 154
WHEREAS, the department agreed to resolve L.E.'s claims 155
against the department through a negotiated settlement in the 156
Circuit Court for the 18th Judicial Circuit in and for Br evard 157
County, under case number 05 -2022-CA-033685, in the total amount 158
of $4 million, and 159
WHEREAS, the settlement agreement required that the 160
department make an initial payment of $200,000, which is the 161
maximum amount allowed under the sovereign immunity limitations 162
imposed under s. 768.28, Florida Statutes; and that the 163
remaining $3.8 million be paid contingent upon the passage and 164
funding of this claim bill, which the department has expressly 165
agreed it does not, and will not oppose, and 166
WHEREAS, on July 9, 2024, the settlement agreement was 167
approved by the circuit court, and, with the department's 168
agreement and consent, a final judgment was entered against the 169
department in the amount of $4 million pursuant to the 170
negotiated settlement, and 171
WHEREAS, L.E.'s civil claims against the subcontracted 172
child welfare agency remain pending, NOW, THEREFORE, 173
174
Be It Enacted by the Legislature of the State of Florida: 175
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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
176
Section 1. The facts stated in the preamble to this act 177
are found and declared to be true. 178
Section 2. The sum of $3.8 million is appropriated from 179
the General Revenue Fund to the Department of Children and 180
Families for the relief of L.E. for injuries and damages 181
sustained as a result of the negligence of the department. 182
Section 3. It is the intent of the Legislature that all 183
government liens, including Medicaid liens, resulting from the 184
treatment and care of L.E. for the occurrences described in this 185
act be waived and paid by the state. 186
Section 4. The Chief Financial Officer is directed to draw 187
a warrant in favor of L.E., payable to the irrevocable trust 188
which has already been created for the exclusive use and benefit 189
of L.E., in the sum of $3.8 million upon funds of the Department 190
of Children and Families in the State Treasury and to pay the 191
same out of such funds in the State Treasury. 192
Section 5. The amount paid by the Department of Children 193
and Families pursuant to s. 768.28, Florida Statutes, and the 194
amount awarded under this act are intended to provide the only 195
compensation for all present and future claims against the 196
department arising out of the factual situation described in 197
this act which resulted in injuries and damages to L.E. The 198
total amount paid for attorney fees relating to this claim 199
against the department may not excee d 25 percent of the total 200
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amount awarded under this act. 201
Section 6. This act shall take effect upon becoming a law. 202