Relief of H.H. by the Department of Children and Families
Summary
This bill is a claims bill that provides relief to H.H. for catastrophic injuries caused in the context of the Department of Children and Families’ handling of child abuse investigations. The bill’s preamble describes repeated hotline reports in 2017, the department’s alleged failure to adequately investigate or protect the child, and the resulting severe abuse that left H.H. with permanent, life-altering injuries. It also recounts the criminal histories of the mother’s stepfather, the department’s missed warning signs, and the subsequent law enforcement findings and convictions of the parents.
The bill appropriates $14,926,639.56 from the General Revenue Fund to the Department of Children and Families for payment to H.H., with the funds to be delivered through an irrevocable trust for her exclusive benefit. It states that this payment, together with any amount paid under section 768.28, Florida Statutes, is intended to be the sole compensation for all present and future claims arising from the incident. The bill also caps attorney fees at 25 percent of the award and takes effect upon becoming law.
Impact
The bill creates a one-time, special appropriation and waiver-like claims remedy outside the ordinary tort claims process, directing state funds to compensate an individual for injuries attributed to state agency negligence. It does not amend the general child welfare statutes in chapter 39 or the sovereign immunity framework in section 768.28, but it applies those laws to a specific factual situation and limits further recovery related to this claim. The practical effect is to transfer liability costs to the state treasury and establish a trust-based payment mechanism for H.H.’s long-term care needs.
Sentiment
The bill text reflects a strongly sympathetic posture toward H.H. and a critical view of the Department of Children and Families’ performance. Because no committee transcripts or votes were provided, there is no recorded legislative debate or roll-call history to indicate opposition or support beyond the bill’s framing. On its face, the measure is presented as a remedial response to a tragic case of alleged agency failure and severe child abuse, suggesting a generally favorable or compassionate legislative intent.
Contention
The central point of contention is likely whether the Department of Children and Families acted negligently and whether the state should be required to pay a large private claims award for failures in child protective investigations. Another likely issue is the size of the appropriation and the use of public funds to satisfy a single claimant’s damages, including the attorney-fee cap and the bill’s statement that the award is the sole compensation for all related claims. No committee discussion was provided, so any opposition or alternative views are not documented in the supplied materials.