Florida 2025 Regular Session

Florida House Bill H6541 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 C.C. by the Department of 2
14	14	Children and Families; providing an appropriation to 3
15	15	compensate C.C. for injuries and damages sustained as 4
16	16	a result of the negligence of the department; 5
17	17	providing a limitation on compensation and the payment 6
18	18	of certain fees and costs; providing an effective 7
19	19	date. 8
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21	21	WHEREAS, on August 12, 2014, Anna Highland, a resident of 10
22	22	Fort Myers, gave birth to C.C., who w as born addicted to 11
23	23	methadone as a result of Ms. Highland's opiate dependence, 12
24	24	cocaine abuse, and intravenous drug use, and 13
25	25	WHEREAS, at the time of C.C.'s birth, Ms. Highland was 14
26	26	licensed as a foster parent by the Department of Children and 15
27	27	Families and had significant involvement with the department 16
28	28	dating back to 2012, and 17
29	29	WHEREAS, due to Ms. Highland's drug abuse throughout her 18
30	30	pregnancy, C.C. suffered severe withdrawal symptoms after his 19
31	31	birth which required him to be hospitalized for a month in a 20
32	32	neonatal intensive care unit and treated with morphine, and 21
33	33	WHEREAS, during the 6 months before C.C.'s birth, the 22
34	34	department received three separate child abuse hotline reports 23
35	35	against Ms. Highland, including reports alleging that she was 24
36	36	abusing drugs and physically abusing her foster child, 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, the department opened an investigation after 26
48	48	receiving a fourth child abuse hotline report made on August 12, 27
49	49	2014, the day of C.C.'s birth, alleging that Ms. Highland had 28
50	50	tested positive for drugs while pr egnant, and 29
51	51	WHEREAS, on September 3, 2014, while the investigation was 30
52	52	pending, the department received two additional child abuse 31
53	53	hotline reports alleging that Ms. Highland was abusing drugs, 32
54	54	and 33
55	55	WHEREAS, despite its receipt of six abuse allegations 34
56	56	within a 7-month period, the department advised the hospital on 35
57	57	September 3, 2014, that there was no hold on C.C. and that he 36
58	58	was free to be released to Ms. Highland, and 37
59	59	WHEREAS, on September 6, 2014, C.C. was discharged from the 38
60	60	hospital to Ms. Highland's care with no intervention and no 39
61	61	services in place to protect C.C. from the potentially dangerous 40
62	62	effects of Ms. Highland's drug addiction, and 41
63	63	WHEREAS, on September 23, 2014, the department closed its 42
64	64	investigation with findings of substance misuse not 43
65	65	substantiated and a determination that Ms. Highland's methadone 44
66	66	use had no implications for child safety, and 45
67	67	WHEREAS, on June 3, 2015, and again on August 6, 2015, the 46
68	68	department received two new child abuse hotline reports alleging 47
69	69	that Ms. Highland was abusing the foster child in her care, both 48
70	70	of which the department closed without investigation, and 49
71	71	WHEREAS, on September 12, 2015, when C.C. was 13 months 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	old, he overdosed on Ms. Highland's methadone, was found 51
83	83	unresponsive and not breathing, and was r ushed to the hospital 52
84	84	in critical condition, where he remained in a coma for 2 weeks 53
85	85	and was hospitalized for 1 month, and 54
86	86	WHEREAS, the department's investigation of C.C.'s overdose 55
87	87	revealed that Ms. Highland, as well as her mother who was 56
88	88	present, waited 5 hours before seeking medical attention for 57
89	89	C.C. while his condition continued to deteriorate, and 58
90	90	WHEREAS, as a result of the department's investigation of 59
91	91	the overdose, C.C. was finally removed from Ms. Highland's care 60
92	92	and placed in the care of his fa ther, and 61
93	93	WHEREAS, as the state agency charged with operating the 62
94	94	child welfare system in this state, including conducting child 63
95	95	protective investigations to ensure child safety and prevent 64
96	96	further harm to children under s. 39.001, Florida Statutes, the 65
97	97	department owed C.C. a duty to ensure his safety and protect him 66
98	98	from further harm, and 67
99	99	WHEREAS, the department failed to protect C.C. from further 68
100	100	harm when it negligently allowed him to be released from the 69
101	101	hospital to Ms. Highland's care after his birth with no services 70
102	102	or interventions in place to protect him from the potentially 71
103	103	dangerous effects of her drug addiction, and 72
104	104	WHEREAS, the department's negligence resulted in severe and 73
105	105	permanent injuries to C.C., now 9 years of age, including, but 74
106	106	not limited to, an anoxic brain injury; seizures; strokes and 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	neurological impairments; permanent hearing, vision, and speech 76
118	118	impediments; cognitive impairment, including memory loss and 77
119	119	learning disabilities; and permanent injuries impacting his 78
120	120	coordination and gross and fine motor skills, requiring lifelong 79
121	121	care, and 80
122	122	WHEREAS, the State of Florida recognizes an equitable 81
123	123	obligation to redress the injuries and damages C.C. sustained as 82
124	124	a result of the negligence of the department and its failure to 83
125	125	exercise its duties to ensure the safety of children in this 84
126	126	state and protect them from further harm, NOW, THEREFORE, 85
127	127	86
128	128	Be It Enacted by the Legislature of the State of Florida: 87
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130	130	Section 1. The facts stated in the preamble to this act 89
131	131	are found and declared to be true. 90
132	132	Section 2. The sum of $20 million is appropriated from the 91
133	133	General Revenue Fund to the Department of Children and F amilies 92
134	134	for the relief of C.C. for injuries and damages sustained. 93
135	135	Section 3. The Chief Financial Officer is directed to draw 94
136	136	a warrant in favor of C.C., payable to an irrevocable trust 95
137	137	created for the exclusive use and benefit of C.C., in the sum of 96
138	138	$20 million upon funds of the Department of Children and 97
139	139	Families in the State Treasury, and the Chief Financial Officer 98
140	140	is directed to pay the same out of such funds in the State 99
141	141	Treasury. The trust shall be responsible for payment of attorney 100 
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150	150	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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152	152	fees and costs, lobbying fees, and other similar expenses 101
153	153	relating to this claim, subject to the limitations set forth in 102
154	154	this act. 103
155	155	Section 4. The amount awarded under this act is intended 104
156	156	to provide the sole compensation for all present and future 105
157	157	claims arising out of the factual situation described in this 106
158	158	act which resulted in injuries and damages to C.C. The total 107
159	159	amount paid for attorney fees and costs, lobbying fees, and 108
160	160	other similar expenses relating to this claim may not exceed 25 109
161	161	percent of the total amo unt awarded under this act. 110
162	162	Section 5. This act shall take effect upon becoming a law. 111