CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 18

    Amendment No. 1   Barcode 515558

                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________

11  The Committee on Children and Families recommended the

12  following amendment:

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14         Senate Amendment (with title amendment) 

15         On page 1, line 17, through page 5, line 26, delete

16  those lines

17

18  and insert:

19         WHEREAS, Laura Bailey and Christina Decker,

20  developmentally disabled adults unable to care for themselves,

21  were institutionalized in various facilities on the grounds of

22  Tacachale and were wholly dependent upon the care, custody,

23  and control of the Department of Children and Family Services

24  and its employees, Rachuel Sercey and Evertice Cole, and

25         WHEREAS, on April 19, 1998, Rachuel Sercey lost control

26  of a facility-owned van that flipped and ejected Laura Bailey

27  and Christina Decker from the vehicle, and

28         WHEREAS, Laura Bailey and Christina Decker subsequently

29  died from their injuries, and

30         WHEREAS, Laura Bailey, Christina Decker, and their

31  guardians relied upon the Department of Children and Family

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                                                  SENATE AMENDMENT

    Bill No. SB 18

    Amendment No. 1   Barcode 515558





  1  Services and its staff to provide for their safety and welfare

  2  and to make the proper decisions on their behalf concerning

  3  their day-to-day activities, and

  4         WHEREAS, the facility-owned vehicle involved in the

  5  accident which is the subject of litigation was improperly and

  6  negligently maintained by the facility, including, but not

  7  limited to, negligent maintenance of the right rear tire on

  8  the van, and

  9         WHEREAS, for almost 15 years before the accident,

10  Rachuel Sercey worked at Tacachale, and

11         WHEREAS, before the accident, Rachuel Sercey was

12  arrested and cited on numerous occasions for driving

13  infractions and substance-abuse-related charges and was

14  reprimanded by Tacachale for deviation from a trip ticket and

15  neglecting residents in her care, and

16         WHEREAS, notwithstanding this history of which the

17  Department of Children and Family Services knew or should have

18  known, the department permitted Rachuel Sercey to drive

19  residents in facility-owned vehicles for facility purposes,

20  and

21         WHEREAS, the Department of Children and Family Services

22  did not require mandatory drug testing of facility staff, nor

23  did it conduct routine background checks on facility staff,

24  and

25         WHEREAS, before April 19, 1998, Tacachale staff

26  submitted for approval a request that certain residents be

27  allowed to attend a picnic field trip to Ginnie Springs, which

28  request was approved by agents and employees of the Department

29  of Children and Family Services, and

30         WHEREAS, Laura Bailey and Christina Decker were among

31  those residents scheduled to attend the Ginnie Springs field

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                                                  SENATE AMENDMENT

    Bill No. SB 18

    Amendment No. 1   Barcode 515558





  1  trip, and

  2         WHEREAS, on April 19, 1998, plaintiffs Laura Bailey,

  3  Christina Decker, and five developmentally disabled adult

  4  women were loaded into a facility-owned van along with two

  5  staff personnel, Evertice Cole and Rachuel Sercey, and

  6         WHEREAS, the van was owned and maintained by the

  7  Department of Children and Family Services and used for the

  8  purpose of transporting facility residents, and

  9         WHEREAS, even though the van was designed to

10  accommodate eight persons and was equipped with only eight

11  seatbelts, Evertice Cole and Rachuel Sercey allowed nine

12  occupants, including the seven developmentally disabled women,

13  to enter the van, and

14         WHEREAS, of these nine occupants, Evertice Cole and

15  Rachuel Sercey sat in the front two seats with seatbelts,

16  ensuring that at least one resident had no access to a

17  seatbelt at the outset of the field trip, and

18         WHEREAS, the security guard at the Tacachale front gate

19  was responsible for inspecting the paperwork authorizing the

20  outing to Ginnie Springs and ensuring that all occupants were

21  properly restrained and was otherwise required to ensure the

22  safety of the van's occupants, and

23         WHEREAS, the security guard failed to ensure that all

24  occupants were wearing their seatbelts, that the van had the

25  appropriate number of occupants, and that the right rear tire

26  of the van was properly inflated, and

27         WHEREAS, on April 19, 1998, Rachuel Sercey and Evertice

28  Cole were in the course and scope of their employment when

29  they took Laura Bailey, Christina Decker, and other residents

30  on the scheduled field trip, and

31         WHEREAS, after leaving the facility and instead of

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                                                  SENATE AMENDMENT

    Bill No. SB 18

    Amendment No. 1   Barcode 515558





  1  going to Ginnie Springs, Laura Bailey, Christine Decker, and

  2  the other residents were taken to a location where Rachuel

  3  Sercey and Evertice Cole illegally consumed drugs and alcohol,

  4  leaving Laura Bailey, Christina Decker, and the other

  5  residents improperly supervised and unattended during this

  6  time, and

  7         WHEREAS, after illegally consuming drugs and alcohol,

  8  Rachuel Sercey and Evertice Cole returned to the unsupervised

  9  residents and began to drive back to Tacachale, with Rachuel

10  Sercey at the wheel, and

11         WHEREAS, Rachuel Sercey, without protest from Evertice

12  Cole, operated the van in a negligent, reckless, and dangerous

13  manner, including, but not limited to, driving at excessive

14  speeds and ignoring an under-inflated right rear tire, and

15         WHEREAS, Evertice Cole had a duty to intervene on

16  behalf of the occupants of the facility-owned van and prevent

17  the accident, but did nothing to prevent Rachuel Sercey from

18  causing the accident, and

19         WHEREAS, the representatives of the deceased and

20  insured have been required to retain counsel and otherwise

21  incur expenses and costs as a result of the actions of the

22  Department of Children and Family Services and its employees,

23  and

24         WHEREAS, the Department of Children and Family Services

25  agreed in October 2001, not to oppose a claims bill up to the

26  amount of $400,000, and the Division of Risk Management has

27  already paid the statutory limit of $200,000 on behalf of the

28  department, and

29         WHEREAS, of the remaining $400,000 balance on the

30  claim, after payment of attorney's fees and costs in the

31  amount of $84,000, $246,000 is to be paid to Kathleen McCarty

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                                                  SENATE AMENDMENT

    Bill No. SB 18

    Amendment No. 1   Barcode 515558





  1  and $70,000 is to be paid to George Decker and Joan Decker,

  2  NOW, THEREFORE,

  3

  4  Be It Enacted by the Legislature of the State of Florida:

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  6         Section 1.  The facts stated in the preamble to this

  7  act are found and declared to be true.

  8         Section 2.  There is appropriated from the General

  9  Revenue Fund to the Department of Children and Family Services

10  the sum of $400,000 for the relief of Kathleen McCarty,

11  individually and as personal representative of the Estate of

12  Laura Bailey, and for the relief of George Decker and Joan

13  Decker, individually and as co-personal representatives of the

14  Estate of Christina Decker, for injuries and damages

15  sustained. After payment of statutory attorney's fees and

16  costs, the proceeds recovered through the passage of this act

17  shall be apportioned in the following manner:  $246,000 to be

18  paid to Kathleen McCarty, individually and as personal

19  representative of the Estate of Laura Bailey; and $70,000 to

20  be paid to George Decker and Joan Decker, individually and as

21  co-personal representatives of the Estate of Christina Decker.

22         Section 3.  The Comptroller is directed to draw a

23  warrant in favor of Kathleen McCarty, individually and as

24  personal representative of the Estate of Laura Bailey, in the

25  sum of $246,000 upon funds of the Department of Children and

26  Family Services in the State Treasury and the State Treasurer

27  is directed to pay the same out of such funds in the State

28  Treasury.

29         Section 4.  The Comptroller is directed to draw a

30  warrant in favor of George Decker and Joan Decker,

31  individually and as co-personal representatives of the Estate

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                                                  SENATE AMENDMENT

    Bill No. SB 18

    Amendment No. 1   Barcode 515558





  1  of Christina Decker, in the sum of $70,000 upon funds of the

  2  Department of Children and Family Services in the State

  3  Treasury and the State Treasurer is directed to pay the same

  4  out of such funds in the State Treasury.

  5         Section 5.  This act shall take effect upon becoming a

  6  law.

  7

  8

  9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 1, lines 1-15, delete those lines

12

13  and insert:

14         An act for the relief of Kathleen McCarty,

15         individually and as personal representative of

16         the Estate of Laura Bailey, deceased, and

17         George Decker and Joan Decker, individually and

18         as co-personal representatives of the Estate of

19         Christina Decker; providing appropriations to

20         compensate them for losses sustained as a

21         result of the actions of the Department of

22         Children and Family Services; providing an

23         effective date.

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