Relief/Estate of M.N./Broward County Sheriff's Office
CS/HB 6533 is a claims bill that provides relief to the Estate of M.N. for injuries and death allegedly caused by the negligence of the Broward County Sheriff's Office (BSO) in a child protective investigation. The bill recounts that M.N., an infant, suffered multiple unexplained fractures and other signs of abuse in October 2016, that BSO investigated the abuse hotline reports, and that despite knowledge of serious risk, the child was returned to the custody of her mother and later suffered fatal injuries. The bill states that a jury later found BSO partly responsible and that significant damages remain unpaid beyond the state’s sovereign immunity cap.
The bill directs BSO to appropriate and pay $2,498,258.50 to the Estate of M.N., representing the unpaid portion of the claim and taxable costs, and it also expresses legislative intent that government liens, including Medicaid liens, be waived and paid by the state. It limits attorney’s fees to 25 percent of the total amount awarded and specifies that the payment is intended to be the sole compensation for all present and future claims arising from the incident. In effect, the bill creates a special statutory appropriation/relief mechanism outside the ordinary claims process to satisfy a judgment-related claim against a local law enforcement agency.
The overall sentiment reflected in the bill’s history is strongly supportive. The measure passed the House Civil Justice & Claims Subcommittee 14-0, the House Judiciary Committee 20-0, and the full House 115-0, indicating broad bipartisan agreement and little visible opposition in the recorded votes. The bill text itself is framed as a remedial measure for a tragic case involving a child’s death and a finding of negligence by the investigating agency.
Notable contention, based on the bill text, centers on the extent of BSO’s responsibility and the size of the unpaid award relative to sovereign immunity limits. The bill asserts that BSO failed to conduct a thorough investigation, failed to contact the father, and failed to protect the child, while also noting that BSO admitted negligence at trial. The main policy issue is not whether relief should be granted, but how much should be paid, who should bear the cost, and whether liens and attorney’s fees should be capped or waived as part of the settlement-like legislative remedy.
The bill would require the Broward County Sheriff's Office to pay a specific sum from unencumbered funds to the Estate of M.N., effectively authorizing payment of a claims award that exceeds the normal sovereign immunity cap under section 768.28, Florida Statutes. It also directs the handling of related government liens, including Medicaid liens, and limits attorney’s fees to 25 percent of the total award. The bill does not amend the general child welfare or sovereign immunity statutes, but it creates a one-time statutory remedy for this particular claim and establishes that the payment resolves all related present and future claims.
The recorded legislative sentiment is overwhelmingly favorable. The bill advanced unanimously through subcommittee, committee, and the full House, suggesting broad agreement that the facts warranted special relief. The tone of the bill itself is sympathetic and corrective, emphasizing a tragic child abuse case, a jury finding of negligence, and the need to compensate the estate for unpaid damages and costs.
The principal point of contention is the allocation of responsibility for M.N.’s injuries and death, especially the allegation that BSO failed to act on clear warning signs and did not protect the child despite knowledge of ongoing risk. Another issue is the amount of the award above the sovereign immunity limit and the requirement that BSO, rather than the general claims process, pay the excess amount. The bill also addresses ancillary disputes over liens and attorney’s fees, but no recorded vote opposition suggests these issues were not politically divisive in committee or on the House floor.