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FL H3529

CL

Status

Failed

3/11/2016

Primary Sponsor

Jose Diaz

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Civil Justice Subcommittee1/15/2016

Full Bill Text

No bill text available