Read the full stored bill text
Florida Senate
-
2026
(NP) SB 22
By
Senator Gruters
22-00028A-26 202622__
1 A bill to be entitled
2 An act for the relief of L.P., a minor, by the
3 Department of Children and Families; providing an
4 appropriation to compensate L.P. for injuries and
5 damages sustained due to the negligence of employees
6 and caseworkers of the department; providing a
7 limitation on compensation and the payment of fees and
8 costs; providing an effective date.
9
10 WHEREAS, on June 25, 2015, a family member of then-6-year
11 old L.P. called the Sarasota Police Department to request a
12 wellness check of the mother of L.P. due to a suicide video the
13 mother sent to relatives, along with other bizarre behaviors
14 that called her mental fitness into question, and
15 WHEREAS, in response to this call, the Sarasota Police
16 Department complied with its statutory duty to report known or
17 possible child abuse by notifying the Department of Children and
18 Families (DCF), which, through its employees and caseworkers,
19 responded to the home late on June 25, 2015, but failed to
20 identify the mother of L.P., much less identify several
21 forewarnings as to the mother’s mental health status, and
22 WHEREAS, because of the inadequate wellness check by DCF
23 employees, including failure to implement a readily available
24 safety plan, L.P. was left in the custody of her mother, rather
25 than her grandmother, who is now her adopted mother and who
26 lived just a few houses away, and
27 WHEREAS, because of the negligence of the DCF caseworkers
28 in failing to recognize the danger to L.P., she was left in her
29 mother’s custody, and
30 WHEREAS, the mother of L.P. attempted to murder L.P. within
31 hours after DCF’s negligent decision, resulting in L.P. being
32 stabbed no fewer than 14 times, including an attempted
33 disembowelment, which required lifesaving emergency surgery and
34 multiple follow-up surgeries and treatments, and
35 WHEREAS, as a further consequence of the negligence of DCF
36 through its employees, L.P. will incur a lifetime of significant
37 pain, suffering, disability, disfigurement, mental anguish,
38 inconvenience, loss of capacity for the enjoyment of life,
39 medical costs, future surgeries, and psychological costs over a
40 potential duration of more than 65 years, and
41 WHEREAS, following a 2-week trial from February 28 through
42 March 11, 2022, the jury found DCF negligent and awarded L.P.
43 damages resulting in a final judgment in the amount of $28
44 million, and
45 WHEREAS, an appeal to the Second District Court of Appeal
46 affirmed the factual findings and the judgment of the jury and
47 trial court in the case, and
48 WHEREAS, in the 9 years since her mother attempted to
49 murder her, L.P. has incurred the costs of multiple lifesaving
50 surgeries, psychological counseling, and related expenses which
51 remain unpaid or will be incurred at over $14 million along with
52 a loss of earning capacity at $1.5 million, and
53 WHEREAS, the costs incurred in the prosecution of the
54 claims on behalf of L.P. exceeded $208,000, with over $8,000
55 remaining to be paid, and
56 WHEREAS, in accordance with the statutory cap of liability
57 set forth in s. 768.28, Florida Statutes, DCF has paid $200,000
58 toward the total amount of this claim, NOW, THEREFORE,
59
60 Be It Enacted by the Legislature of the State of Florida:
61
62 Section 1.
The facts stated in the preamble to this act are
63
found and declared to be true.
64 Section 2.
The sum of
$
28 million
is appropriated from the
65
General Revenue Fund
to the
Department of Children and Families
66
for the relief of
L.P.
for injuries and damages sustained.
67 Section 3.
The Chief Financial Officer is directed to draw
68
a warrant in the sum of $28 million payable to a special needs
69
trust created for the exclusive use and benefit of L.P. for
70
injuries and damages sustained.
71 Section 4.
The amount paid by the Department of Children
72
and Families pursuant to s. 768.28, Florida Statutes, and the
73
amount awarded under this act are intended to provide the sole
74
compensation for all present and future claims arising out of
75
the factual situation described in this act which resulted in
76
injuries and damages to L.P.
The total amount paid for attorney
77
fees
, lobbying fees, and other similar expenses
relating to this
78
claim may not exceed 25 percent of the total amount awarded
79
under this act.
80 Section 5. This act shall take effect upon becoming a law.