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FL H3529
CL
Status
3/11/2016
Primary Sponsor
Jose Diaz
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AI Summary
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Appropriates $3.75 million from the General Revenue Fund to compensate a child survivor and the estate of a deceased child for injuries and death resulting from Department of Children and Families negligence in their foster care placement.
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Compensates for systemic failures by DCF between 2000-2011 including delayed placement with willing relatives, failure to investigate abuse reports, and failure to remove children from abusive foster home of Jorge and Carmen Barahona despite multiple warning signs.
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Child victim was found dead on February 14, 2011; surviving twin suffered severe abuse including beatings, sexual abuse, and torture; DCF investigation found significant gaps in critical thinking, follow-through, and information sharing.
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Combined with $1.25 million already paid under Florida Statutes § 768.28, total settlement is $5 million payable to adoptive parents of survivor and Richard Milstein as personal representative of victim's estate.
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Limits attorney fees and lobbying fees to no more than 25 percent of the $3.75 million award and designates this payment as sole compensation for all claims arising from the incident.
Legislative Description
Relief/"Survivor" & Estate of "Victim"/DCF
Last Action
Died in Civil Justice Subcommittee
3/11/2016