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FL H3539

CL

Status

Failed

4/28/2015

Primary Sponsor

Bryan Avila

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Appropriates $3.75 million from the General Revenue Fund to compensate a male child ("Survivor") and the Estate of a deceased female child ("Victim") for injuries and death resulting from negligence by the Department of Children and Families.

  • Settles a claim arising from systemic failures by DCF to protect two children placed in foster care with Jorge and Carmen Barahona, who perpetrated severe abuse over 6 years resulting in the victim's death on February 14, 2011.

  • DCF had previously paid $1.25 million under Florida Statutes § 768.28, with this appropriation representing the remaining $3.75 million of a total $5 million settlement agreement.

  • Directs the Chief Financial Officer to issue payment to the adoptive parents of Survivor as legal guardians and to Richard Milstein as personal representative of the Victim's Estate.

  • Limits attorney fees and lobbying costs to a maximum of 25 percent of the $3.75 million award and provides that combined payments constitute sole compensation for all present and future claims arising from this matter.

Legislative Description

Relief/"Survivor" & Estate of "Victim"/DCF

Last Action

Died in Civil Justice Subcommittee

4/28/2015

Committee Referrals

Civil Justice Subcommittee3/8/2015

Full Bill Text

No bill text available