Florida Senate - 2026 (NP) SB 22
By Senator Gruters
22-00028A-26 202622
A bill to be entitled
An act for the relief of L.P., a minor, by the Department of Children and Families; providing an appropriation 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 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 in failing 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 lifesaving emergency surgery 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 at over $14 million along with a loss of earning capacity at $1.5 million, 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,
Be It Enacted by the Legislature of the State of Florida:
Section 1. The facts stated in the preamble to this act are found and declared to be true.
Section 2. The sum of $28 million is appropriated from the General Revenue Fund to the Department of Children and Families for the relief of L.P. for injuries and damages sustained.
Section 3. The Chief Financial Officer is directed to draw
a warrant in the sum of $28 million payable to a special needs trust created for the exclusive use and benefit of L.P. for injuries and damages sustained.
Section 4. The amount paid by the Department of Children and Families pursuant to s. 768.28, Florida Statutes, and the amount awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in injuries and damages to L.P. The total amount paid for attorney fees, lobbying fees, and other similar expenses relating to this claim may not exceed 25 percent of the total amount awarded under this act.
Section 5. This act shall take effect upon becoming a law.
Pub: 8/29/25 09/05/25 09/12/25 09/19/25 #11599010