Bill > S0012

Introduced Session

An act for the relief of L.P., a minor, by the Department of Children and Families; providing an appropriation to a special needs trust, to compensate L.P. for injuries and damages sustained due to the negligence of employees and caseworkers of the department; providing a limitation on compensation and the payment of fees and costs; providing an effective date. WHEREAS, on June 25, 2015, a family member of the then-6 year-old L.P. called the Sarasota Police Department to request a wellness check of the mother of L.P. due to a suicide video the mother sent to relatives, along with other bizarre behaviors that called her mental fitness into question, and WHEREAS, in response to this call, the Sarasota Police Department complied with its statutory duty to report known or possible child abuse by notifying the Department of Children and Families (DCF), which, through its employees and caseworkers, responded to the home late on June 25, 2015, but failed to identify the mother of L.P., much less identify several forewarnings as to the mother’s mental health status, and WHEREAS, because of the inadequate wellness check by DCF employees, including failure to implement a readily available safety plan, L.P. was left in the custody of her mother, rather than her grandmother, who is now her adopted mother and who lived just a few houses away, and WHEREAS, because of the negligence of the DCF caseworkers to recognize the danger to L.P., she was left in her mother’s custody, and WHEREAS, the mother of L.P. attempted to murder L.P. within hours after DCF’s negligent decision, resulting in L.P. being stabbed no fewer than 14 times, including an attempted disembowelment, which required emergency surgery to save her life and multiple follow-up surgeries and treatments, and WHEREAS, as a further consequence of the negligence of DCF through its employees, L.P. will incur a lifetime of significant pain, suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, medical costs, future surgeries, and psychological costs over a potential duration of more than 65 years, and WHEREAS, following a 2-week trial from February 28 through March 11, 2022, the jury found DCF negligent and awarded L.P. damages resulting in a final judgment in the amount of $28 million, and WHEREAS, an appeal to the Second District Court of Appeal affirmed the factual findings and the judgment of the jury and trial court in the case, and WHEREAS, in the 9 years since her mother attempted to murder her, L.P. has incurred the costs of multiple lifesaving surgeries, psychological counseling, and related expenses which remain unpaid or will be incurred, along with a loss of earning capacity, and WHEREAS, the costs incurred in the prosecution of the claims on behalf of L.P. exceeded $208,000, with over $8,000 remaining to be paid, and WHEREAS, in accordance with the statutory cap of liability set forth in s. 768.28, Florida Statutes, DCF has paid $200,000 toward the total amount of this claim, NOW, THEREFORE,

Committee Categories

Joe Gruters (R)*, 

Other Sponsors (1)

Indefinitely postponed and withdrawn from consideration (on 05/03/2025)

Official Document