Florida 2025 Regular Session

Florida House Bill H6541 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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HB 6541   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6541-00 
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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 C.C. by the Department of 2 
Children and Families; providing an appropriation to 3 
compensate C.C. for injuries and damages sustained as 4 
a result of the negligence of the department; 5 
providing a limitation on compensation and the payment 6 
of certain fees and costs; providing an effective 7 
date. 8 
 9 
 WHEREAS, on August 12, 2014, Anna Highland, a resident of 10 
Fort Myers, gave birth to C.C., who w as born addicted to 11 
methadone as a result of Ms. Highland's opiate dependence, 12 
cocaine abuse, and intravenous drug use, and 13 
 WHEREAS, at the time of C.C.'s birth, Ms. Highland was 14 
licensed as a foster parent by the Department of Children and 15 
Families and had significant involvement with the department 16 
dating back to 2012, and 17 
 WHEREAS, due to Ms. Highland's drug abuse throughout her 18 
pregnancy, C.C. suffered severe withdrawal symptoms after his 19 
birth which required him to be hospitalized for a month in a 20 
neonatal intensive care unit and treated with morphine, and 21 
 WHEREAS, during the 6 months before C.C.'s birth, the 22 
department received three separate child abuse hotline reports 23 
against Ms. Highland, including reports alleging that she was 24 
abusing drugs and physically abusing her foster child, and 25      
   
HB 6541   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6541-00 
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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, the department opened an investigation after 26 
receiving a fourth child abuse hotline report made on August 12, 27 
2014, the day of C.C.'s birth, alleging that Ms. Highland had 28 
tested positive for drugs while pr egnant, and 29 
 WHEREAS, on September 3, 2014, while the investigation was 30 
pending, the department received two additional child abuse 31 
hotline reports alleging that Ms. Highland was abusing drugs, 32 
and 33 
 WHEREAS, despite its receipt of six abuse allegations 34 
within a 7-month period, the department advised the hospital on 35 
September 3, 2014, that there was no hold on C.C. and that he 36 
was free to be released to Ms. Highland, and 37 
 WHEREAS, on September 6, 2014, C.C. was discharged from the 38 
hospital to Ms. Highland's care with no intervention and no 39 
services in place to protect C.C. from the potentially dangerous 40 
effects of Ms. Highland's drug addiction, and 41 
 WHEREAS, on September 23, 2014, the department closed its 42 
investigation with findings of substance misuse not 43 
substantiated and a determination that Ms. Highland's methadone 44 
use had no implications for child safety, and 45 
 WHEREAS, on June 3, 2015, and again on August 6, 2015, the 46 
department received two new child abuse hotline reports alleging 47 
that Ms. Highland was abusing the foster child in her care, both 48 
of which the department closed without investigation, and 49 
 WHEREAS, on September 12, 2015, when C.C. was 13 months 50      
   
HB 6541   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
old, he overdosed on Ms. Highland's methadone, was found 51 
unresponsive and not breathing, and was r ushed to the hospital 52 
in critical condition, where he remained in a coma for 2 weeks 53 
and was hospitalized for 1 month, and 54 
 WHEREAS, the department's investigation of C.C.'s overdose 55 
revealed that Ms. Highland, as well as her mother who was 56 
present, waited 5 hours before seeking medical attention for 57 
C.C. while his condition continued to deteriorate, and 58 
 WHEREAS, as a result of the department's investigation of 59 
the overdose, C.C. was finally removed from Ms. Highland's care 60 
and placed in the care of his fa ther, and 61 
 WHEREAS, as the state agency charged with operating the 62 
child welfare system in this state, including conducting child 63 
protective investigations to ensure child safety and prevent 64 
further harm to children under s. 39.001, Florida Statutes, the 65 
department owed C.C. a duty to ensure his safety and protect him 66 
from further harm, and 67 
 WHEREAS, the department failed to protect C.C. from further 68 
harm when it negligently allowed him to be released from the 69 
hospital to Ms. Highland's care after his birth with no services 70 
or interventions in place to protect him from the potentially 71 
dangerous effects of her drug addiction, and 72 
 WHEREAS, the department's negligence resulted in severe and 73 
permanent injuries to C.C., now 9 years of age, including, but 74 
not limited to, an anoxic brain injury; seizures; strokes and 75      
   
HB 6541   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
neurological impairments; permanent hearing, vision, and speech 76 
impediments; cognitive impairment, including memory loss and 77 
learning disabilities; and permanent injuries impacting his 78 
coordination and gross and fine motor skills, requiring lifelong 79 
care, and 80 
 WHEREAS, the State of Florida recognizes an equitable 81 
obligation to redress the injuries and damages C.C. sustained as 82 
a result of the negligence of the department and its failure to 83 
exercise its duties to ensure the safety of children in this 84 
state and protect them from further harm, NOW, THEREFORE, 85 
 86 
Be It Enacted by the Legislature of the State of Florida: 87 
 88 
 Section 1. The facts stated in the preamble to this act 89 
are found and declared to be true. 90 
 Section 2. The sum of $20 million is appropriated from the 91 
General Revenue Fund to the Department of Children and F amilies 92 
for the relief of C.C. for injuries and damages sustained. 93 
 Section 3. The Chief Financial Officer is directed to draw 94 
a warrant in favor of C.C., payable to an irrevocable trust 95 
created for the exclusive use and benefit of C.C., in the sum of 96 
$20 million upon funds of the Department of Children and 97 
Families in the State Treasury, and the Chief Financial Officer 98 
is directed to pay the same out of such funds in the State 99 
Treasury. The trust shall be responsible for payment of attorney 100      
   
HB 6541   	2025 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb6541-00 
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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 
 
fees and costs, lobbying fees, and other similar expenses 101 
relating to this claim, subject to the limitations set forth in 102 
this act. 103 
 Section 4. The amount awarded under this act is intended 104 
to provide the sole compensation for all present and future 105 
claims arising out of the factual situation described in this 106 
act which resulted in injuries and damages to C.C. The total 107 
amount paid for attorney fees and costs, lobbying fees, and 108 
other similar expenses relating to this claim may not exceed 25 109 
percent of the total amo unt awarded under this act. 110 
 Section 5. This act shall take effect upon becoming a law. 111