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A bill to be entitled

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An act relating to the Department of Children and Family

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Services; providing for the relief of Pierreisna Archille,

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a mentally disabled person, by and through her Limited

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Guardian of Property, Patrick Weber, to compensate

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Pierreisna for injuries sustained as a result of the

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negligence of employees of the department; providing for

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an appropriation; providing a limitation on the payment of

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fees and costs; providing an effective date.

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     WHEREAS, Pierreisna Archille, a 25-year-old moderately

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retarded woman, has the cognitive ability of a child between

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kindergarten and a first-grade level, and

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     WHEREAS, because of allegations of neglect against her

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biological mother and stepfather, Pierreisna Archille and her

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sisters, Darleen and Muriel, were placed in foster care in 1993,

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and

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     WHEREAS, in 1997, when Pierreisna was 15 years old, the

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Archille children were placed in the foster home of Bonifacio and

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Josephine Velazquez, and

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     WHEREAS, the Velazquez foster home was licensed, supervised,

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and monitored by the Department of Children and Family Services

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and its employees and agents, and

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     WHEREAS, after the children's placement in the foster home,

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Darleen Archille complained that Bonifacio Velazquez, the foster

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father, was sexually molesting Muriel, a toddler, and was also

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molesting Darleen, and

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     WHEREAS, after such complaints were made, both Darleen and

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Muriel were removed from the Velazquez home, but Pierreisna

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remained in the home, and

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     WHEREAS, between June of 1998 through June of 1999,

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Bonifacio Velazquez repeatedly raped and molested Pierreisna

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Archille, resulting in her impregnation and subsequent birth of a

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daughter, and

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     WHEREAS, after the birth of Pierreisna's daughter, Takeisha,

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Pierreisna's younger sister Darleen, then 19 years old, undertook

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the responsibility of helping Pierreisna take care of Takeisha,

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and

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     WHEREAS, Pierreisna is in need of funds necessary for her,

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as a developmentally disabled person, to care for her daughter

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with the assistance of Darleen, and

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     WHEREAS, Pierreisna continues to suffer nightmares and

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extreme emotional and psychological trauma, and

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     WHEREAS, a life care continuum was formulated by

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comprehensive rehabilitation consultants detailing the funds

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necessary to provide treatment to Pierreisna, as well as to help

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provide for the support necessary for Pierreisna to take care of

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her daughter, and

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     WHEREAS, Dr. Fred Raffa, an economist, reduced such cost to

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the present value in the amount of $4,067,431, and

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     WHEREAS, the dependency court appointed a Limited Guardian

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of Property for Pierreisna Archille for the purpose of assisting

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in obtaining compensation for her damages, and

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     WHEREAS, a lawsuit was filed on behalf of the Limited

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Guardian of Property for Pierreisna Archille in Naples, Florida,

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against the Department of Children and Family Services, and

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     WHEREAS, Pierreisna Archille, by and through her Limited

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Guardian of Property, Patrick Weber, and the Department of

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Children and Family Services agreed to mediation to resolve this

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matter and entered into a settlement agreement to reimburse

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Pierreisna for her damages and to provide a basis for this claim

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bill, and

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     WHEREAS, the Department of Children and Family Services and

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the Limited Guardian of Property agreed that $1.3 million is

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reasonable and fair compensation for Pierreisna Archille's

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damages, and this amount was arrived by a good-faith negotiation

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between the parties at a court-sanctioned mediation, and

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     WHEREAS, the Department of Children and Family Services has

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already paid $100,000 and supports a claim bill in the amount of

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$1.2 million, and

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     WHEREAS, so that Pierreisna Archille could immediately have

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access to needed funds, it was agreed to defer payment of

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attorney's fees and costs of plaintiff's counsel with respect to

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the $100,000 already paid by the department, NOW, THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. The sum of $1.2 million is appropriated from the

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General Revenue Fund to the Department of Children and Family

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Services for the benefit of Pierreisna Archille as compensation

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for injuries she sustained due to the negligence of employees of

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the department.

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     Section 3. The Chief Financial Officer is authorized and

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directed to draw a warrant in the sum of $1.2 million, payable to

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Patrick Weber, Limited Guardian of Property for Pierreisna

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Archille, upon funds of the Department of Children and Family

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Services and, after payment of any outstanding liens and

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attorney's fees, costs, and lobbying fees as provided in section

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4 of this act, the remainder shall be placed in a Special Needs

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Trust created for the exclusive use and benefit of Pierreisna

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Archille, a disabled adult, as compensation for injuries and

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damages sustained while under the care of the department.

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     Section 4. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in injury

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to Pierreisna Archille. The total amount paid for attorney's

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fees, lobbying fees, costs, and other similar expenses relating

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to this claim may not exceed 25 percent of the amount awarded

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under this act and the amount previously paid to the claimant by

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the Department of Children and Family Services.

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