H.B. 6531 is a claims bill that provides relief to H.H. by appropriating $14,926,639.56 from the General Revenue Fund to the Department of Children and Families (DCF). The bill is based on findings that DCF negligently failed to thoroughly investigate multiple child abuse hotline reports, failed to take protective action, and incorrectly assessed H.H. as being in no present danger, despite significant warning signs involving her mother and stepfather. According to the bill’s preamble, those failures allowed severe abuse and neglect to continue, resulting in catastrophic, permanent injuries to H.H.
The bill directs the Chief Financial Officer to issue payment to an irrevocable trust for H.H.’s exclusive benefit and states that the award is intended to cover the unpaid portion of a prior jury verdict and related taxable costs, beyond the state’s sovereign immunity cap. It also expresses legislative intent that government liens, including Medicaid liens, arising from H.H.’s treatment be waived and paid by the state, and it limits attorney fees to no more than 25 percent of the total amount awarded under the act. The act would take effect upon becoming law.
Impact
This bill creates a one-time, special appropriation outside the ordinary claims process to compensate an individual for damages attributed to DCF’s negligence. It does not amend the general child welfare statutes in chapter 39 or the sovereign immunity statute in s. 768.28, Florida Statutes, but it does authorize payment of an amount far above the normal statutory cap and directs how the funds must be disbursed. The bill also affects the handling of liens and attorney compensation related to this specific claim, and it resolves all present and future claims arising from the described facts.
Sentiment
The available vote history suggests strong support for the bill, with the House Civil Justice & Claims Subcommittee approving it 15-0. The bill’s framing is highly sympathetic to H.H., emphasizing the severity of her injuries and the state’s failure to protect her. There is no recorded committee transcript in the provided materials showing opposition or extended debate, and the unanimous subcommittee vote indicates broad agreement at that stage.
Contention
The main point of contention inherent in the bill is the size of the payment and the decision to use state funds to satisfy a large claims award that exceeds sovereign immunity limits. Another potential issue is the bill’s directive that government liens, including Medicaid liens, be waived and paid by the state, which could affect public reimbursement interests. The underlying factual basis also centers on whether DCF’s investigation and protective response were negligent, but the bill itself presents that issue as already resolved by the jury verdict and legislative findings rather than as an open policy dispute.