Bill > S0030

Introduced Session

An act for the relief of the Estate of M.N. by the Broward County Sheriff’s Office; providing for an appropriation to compensate the estate for injuries sustained by M.N. and her subsequent death as a result of the negligence of the Broward County Sheriff’s Office; providing a limitation on compensation and the payment of attorney fees; providing an effective date. WHEREAS, on October 13, 2016, 5-month-old M.N. was brought to Northwest Medical Center in Broward County with a fever and intermittent leg pain, and WHEREAS, diagnostic imaging revealed that M.N. had multiple fractures in her upper and lower extremities which were in different stages of healing, some of which were estimated to be approximately 3 weeks old, including fractures to her left tibia, left fibula, and left radius, and WHEREAS, the treating physician observed bruising around M.N.’s left eye and discoloration on M.N.’s left wrist and learned that, at 3 months of age, M.N. had sustained a black eye, allegedly from falling off a couch, which resulted in a visit to Broward Health, and WHEREAS, the treating physician consulted with a pediatric orthopedic specialist who, upon reviewing M.N.’s diagnostic imaging, advised that the fractures did not appear to be accidental and recommended that M.N.’s injuries be reported to the Department of Children and Families’ (DCF) Abuse Hotline, and WHEREAS, on October 13, 2016, the treating physician sent, and DCF received, a report through DCF’s Abuse Hotline describing M.N.’s injuries, which report was assigned to the Broward County Sheriff’s Office (BSO) for investigation, as the BSO was the law enforcement agency charged with conducting child protective investigations in Broward County pursuant to s. 39.303, Florida Statutes, and WHEREAS, that same day, upon receiving the abuse hotline report, a BSO child protective investigator (CPI) responded to Northwest Medical Center and observed the bruising around M.N.’s left eye and the discoloration on her left wrist and learned that, in addition to M.N.’s unexplained healing fractures, each of the aforementioned injuries occurred while M.N. was in the care or presence of her mother, K.W.; that the origins of the injuries were unexplained; and that K.W. had taken M.N. to different medical facilities to receive treatment for the child’s injuries, and WHEREAS, as the agency charged under s. 39.001, Florida Statutes, with conducting child protective investigations to ensure child safety and prevent further harm to children, the BSO owed M.N. a duty to ensure her safety and to protect her from further harm, and WHEREAS, despite the CPI having actual knowledge that there was a pattern of unexplained injuries to M.N. while in K.W.’s care and that the child was in immediate need of a safety plan for her protection, the BSO allowed M.N. to be discharged from the hospital in the custody of K.W., and WHEREAS, the BSO determined that M.N.’s father, C.N., was a nonoffending parent; however, K.W. had moved into the home of a male friend, Juan Santos, and, throughout September and October 2016, refused to respond to C.N.’s multiple requests to visit M.N., and WHEREAS, the BSO failed to contact C.N., despite the fact that the BSO was required to do so to inform him of M.N.’s injuries and to discuss placement of the child, and WHEREAS, the BSO failed to meet with Mr. Santos, to explore whether he was a caregiver to M.N., or to conduct a background check on him, and instead allowed M.N. to remain with K.W. and Mr. Santos, during which time M.N. was subject to further severe abuse, and WHEREAS, on October 24, 2016, while the BSO’s child protective investigation remained open, M.N., at only 6 months of age, sustained life-threatening injuries, including a parietal skull fracture, severe brain and spinal cord injury, and extensive retinal hemorrhages, due to shaking and impact, and WHEREAS, on October 24, 2016, M.N. was transported to the hospital, where she was declared brain-dead and placed on life support, and she died from her injuries on October 28, 2016, after being removed from life support, and WHEREAS, on October 24, 2016, an additional abuse hotline report was received regarding M.N., and the case was again assigned to the BSO for investigation, and WHEREAS, the BSO closed its investigation of M.N.’s case on July 17, 2017, with verified findings of bone fractures, internal injuries, threatened harm, and death, and WHEREAS, following a jury trial, a verdict was rendered on August 16, 2023, in the amount of $4.5 million in favor of M.N.’s father, C.N., for his pain and suffering as a result M.N.’s wrongful death, with 58 percent of the jury award, totaling $2.61 million, apportioned to the BSO, and WHEREAS, the BSO admitted its negligence during the trial following the testimony of its own CPI, her supervisor, and other BSO employees, and WHEREAS, the jury found that, but for the BSO’s negligence in failing to complete a thorough child protective investigation, ensure M.N.’s safety, and protect M.N. from further abuse and neglect, which was its primary duty, M.N. would not have died and C.N. would not have suffered damages arising out of the loss of his daughter, and WHEREAS, $110,000 of the jury award was recovered from the BSO and $90,000 was recovered from Broward County, which total has exhausted the sovereign immunity limits set forth in s. 768.28, Florida Statutes, and WHEREAS, the trial court entered a cost judgment awarding taxable costs in the amount of $88,258.50 to the Estate of M.N., to be paid by the BSO, and WHEREAS, a total of $2,498,258.50, representing $2.41 million in excess of the sovereign immunity limits and $88,258.50 in costs awarded to the Estate of M.N., plus interest remains unpaid by the BSO, and WHEREAS, the Estate of M.N. is responsible for payment of attorney fees and all remaining costs and expenses relating to this claim, subject to the limitations set forth in this act, and WHEREAS, the claimant has been paid the statutory limit of $200,000 pursuant to s. 768.28, Florida Statutes, leaving a balance of $2.41 million plus taxable trial costs awarded in the amount of $88,258.50 for a total claim of $2,498,258.50, plus interest, NOW, THEREFORE,

Committee Categories

Jonathan Martin (R)*, 

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

Official Document