House Bill hb0369
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Florida House of Representatives - 2002 HB 369
By Representative Lee
1 A bill to be entitled
2 An act for the relief of Kathleen McCarty,
3 individually and as personal representative of
4 the Estate of Laura Bailey, deceased, and
5 George Decker and Joan Decker, individually and
6 as co-personal representatives of the Estate of
7 Christina Decker; providing appropriations to
8 compensate them for losses sustained as a
9 result of the actions of the Department of
10 Children and Family Services; providing an
11 effective date.
12
13 WHEREAS, Laura Bailey and Christina Decker,
14 developmentally disabled adults unable to care for themselves,
15 were institutionalized in various facilities on the grounds of
16 Tacachale and were wholly dependent upon the care, custody,
17 and control of the Department of Children and Family Services
18 and its employees, Rachuel Sercey and Evertice Cole, and
19 WHEREAS, on April 19, 1998, Rachuel Sercey lost control
20 of a facility-owned van that flipped and ejected Laura Bailey
21 and Christina Decker from the vehicle, and
22 WHEREAS, Laura Bailey and Christina Decker subsequently
23 died from their injuries, and
24 WHEREAS, Laura Bailey, Christina Decker, and their
25 guardians relied upon the Department of Children and Family
26 Services and its staff to provide for their safety and welfare
27 and to make the proper decisions on their behalf concerning
28 their day-to-day activities, and
29 WHEREAS, the facility-owned vehicle involved in the
30 accident which is the subject of litigation was improperly and
31 negligently maintained by the facility, including, but not
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Florida House of Representatives - 2002 HB 369
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1 limited to, negligent maintenance of the right rear tire on
2 the van, and
3 WHEREAS, for almost 15 years before the accident,
4 Rachuel Sercey worked at Tacachale, and
5 WHEREAS, before the accident, Rachuel Sercey was
6 arrested and cited on numerous occasions for driving
7 infractions and substance-abuse-related charges and was
8 reprimanded by Tacachale for deviation from a trip ticket and
9 neglecting residents in her care, and
10 WHEREAS, notwithstanding this history of which the
11 Department of Children and Family Services knew or should have
12 known, the department permitted Rachuel Sercey to drive
13 residents in facility-owned vehicles for facility purposes,
14 and
15 WHEREAS, the Department of Children and Family Services
16 did not require mandatory drug testing of facility staff, nor
17 did it conduct routine background checks on facility staff,
18 and
19 WHEREAS, before April 19, 1998, Tacachale staff
20 submitted for approval a request that certain residents be
21 allowed to attend a picnic field trip to Ginnie Springs, which
22 request was approved by agents and employees of the Department
23 of Children and Family Services, and
24 WHEREAS, Laura Bailey and Christina Decker were among
25 those residents scheduled to attend the Ginnie Springs field
26 trip, and
27 WHEREAS, on April 19, 1998, plaintiffs Laura Bailey,
28 Christina Decker, and five developmentally disabled adult
29 women were loaded into a facility-owned van along with two
30 staff personnel, Evertice Cole and Rachuel Sercey, and
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1 WHEREAS, the van was owned and maintained by the
2 Department of Children and Family Services and used for the
3 purpose of transporting facility residents, and
4 WHEREAS, even though the van was designed to
5 accommodate eight persons and was equipped with only eight
6 seatbelts, Evertice Cole and Rachuel Sercey allowed nine
7 occupants, including the seven developmentally disabled women,
8 to enter the van, and
9 WHEREAS, of these nine occupants, Evertice Cole and
10 Rachuel Sercey sat in the front two seats with seatbelts,
11 ensuring that at least one resident had no access to a
12 seatbelt at the outset of the field trip, and
13 WHEREAS, the security guard at the Tacachale front gate
14 was responsible for inspecting the paperwork authorizing the
15 outing to Ginnie Springs and ensuring that all occupants were
16 properly restrained and was otherwise required to ensure the
17 safety of the van's occupants, and
18 WHEREAS, the security guard failed to ensure that all
19 occupants were wearing their seatbelts, that the van had the
20 appropriate number of occupants, and that the right rear tire
21 of the van was properly inflated, and
22 WHEREAS, after leaving the facility and instead of
23 going to Ginnie Springs, Laura Bailey, Christine Decker, and
24 the other residents were taken to a location where Rachuel
25 Sercey and Evertice Cole illegally consumed drugs and alcohol,
26 leaving Laura Bailey, Christina Decker, and the other
27 residents improperly supervised and unattended during this
28 time, and
29 WHEREAS, after illegally consuming drugs and alcohol,
30 Rachuel Sercey and Evertice Cole returned to the unsupervised
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1 residents and began to drive back to Tacachale, with Rachuel
2 Sercey at the wheel, and
3 WHEREAS, Rachuel Sercey, without protest from Evertice
4 Cole, operated the van in a negligent, reckless, and dangerous
5 manner, including, but not limited to, driving at excessive
6 speeds and ignoring an under-inflated right rear tire, and
7 WHEREAS, on April 19, 1998, Rachuel Sercey and Evertice
8 Cole were in the course and scope of their employment when
9 they took Laura Bailey, Christina Decker, and other residents
10 on the scheduled field trip, and
11 WHEREAS, Evertice Cole had a duty to intervene on
12 behalf of the occupants of the facility-owned van and prevent
13 the accident, but did nothing to prevent Rachuel Sercey from
14 causing the accident, and
15 WHEREAS, the representatives of the deceased and
16 insured have been required to retain counsel and otherwise
17 incur expenses and costs as a result of the actions of the
18 Department of Children and Family Services and its employees,
19 and
20 WHEREAS, the parties in this matter agreed to settle
21 the claim in October 2001 for a total of $600,000, of which
22 the Department of Children and Family Services has already
23 paid the statutory limit of $200,000, and
24 WHEREAS, of the remaining $400,000 balance on the
25 claim, after payment of attorney's fees and costs in the
26 amount of $84,000, $246,000 is to be paid to Kathleen McCarty
27 and $70,000 is to be paid to George Decker and Joan Decker,
28 NOW, THEREFORE,
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30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. The facts stated in the preamble to this
2 act are found and declared to be true.
3 Section 2. There is appropriated from the General
4 Revenue Fund to the Department of Children and Family Services
5 the sum of $400,000 for the relief of Kathleen McCarty,
6 individually and as personal representative of the Estate of
7 Laura Bailey, and for the relief of George Decker and Joan
8 Decker, individually and as co-personal representatives of the
9 Estate of Christina Decker, for injuries and damages
10 sustained. After payment of statutory attorney's fees and
11 costs, the proceeds recovered through the passage of this act
12 shall be apportioned in the following manner: $246,000 to be
13 paid to Kathleen McCarty, individually and as personal
14 representative of the Estate of Laura Bailey; and $70,000 to
15 be paid to George Decker and Joan Decker, individually and as
16 co-personal representatives of the Estate of Christina Decker.
17 Section 3. The Comptroller is directed to draw a
18 warrant in favor of Kathleen McCarty, individually and as
19 personal representative of the Estate of Laura Bailey, in the
20 sum of $246,000 upon funds of the Department of Children and
21 Family Services in the State Treasury and the State Treasurer
22 is directed to pay the same out of such funds in the State
23 Treasury.
24 Section 4. The Comptroller is directed to draw a
25 warrant in favor of George Decker and Joan Decker,
26 individually and as co-personal representatives of the Estate
27 of Christina Decker, in the sum of $70,000 upon funds of the
28 Department of Children and Family Services in the State
29 Treasury and the State Treasurer is directed to pay the same
30 out of such funds in the State Treasury.
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1 Section 5. This act shall take effect upon becoming a
2 law.
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5 HOUSE SUMMARY
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Provides appropriations for the relief of Kathleen
7 McCarty, individually and as personal representative of
the Estate of Laura Bailey, deceased, and George Decker
8 and Joan Decker, individually and as co-personal
representatives of the Estate of Christina Decker, as
9 compensation for injuries and damages sustained due to
the actions of the Department of Children and Family
10 Services.
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