Florida Senate - 2013                                     SB 190
       
       
       
       By Senator Hukill
       
       
       
       
       8-00489A-13                                            2013190__
    1                        A bill to be entitled                      
    2         An act for the relief of Angela Sozzani; requiring
    3         that the Department of Children and Families request
    4         up to a certain amount in its annual legislative
    5         budget request each fiscal year to compensate Angela
    6         Sozzani for injuries and damages she sustained as a
    7         result of the negligence of employees of the
    8         Department of Children and Families; authorizing the
    9         department to request additional funds under
   10         extraordinary circumstances; providing for the
   11         reversion of funds; providing that Angela Sozzani’s
   12         attorneys have represented her pro bono and fees and
   13         costs have not been awarded; providing an effective
   14         date.
   15  
   16         WHEREAS, Angela Sozzani, whose date of birth is April 21,
   17  2000, was in the legal custody of the Department of Children and
   18  Families (formerly known as the Department of Children and
   19  Family Services) and had been placed in the medical foster home
   20  of Ronald and Joyce Bryson on February 6, 2001, and
   21         WHEREAS, Ronald Bryson and Joyce Bryson were each licensed
   22  by the Department of Children and Families to provide foster
   23  care pursuant to s. 409.175, Florida Statutes, and
   24         WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were
   25  providing foster care to three medically needy foster children
   26  and after-school care to their two special-needs grandchildren,
   27  even though their foster home was licensed by the Department of
   28  Children and Families to provide care for only two children, and
   29         WHEREAS, on April 17, 2002, Ronald and Joyce Bryson were
   30  hosting a party and allowed their two grandchildren to swim in
   31  their swimming pool without adult supervision, and
   32         WHEREAS, on April 17, 2002, Angela Sozzani, who was nearly
   33  2 years of age and was not being supervised, wandered out the
   34  open patio door to the pool and fell into the swimming pool,
   35  nearly drowning, and
   36         WHEREAS, Angela Sozzani experienced a severe hypoxic
   37  ischemic encephalopathy, secondary to a near drowning, and, as a
   38  result, is forever dependent on receiving 24-hour medical and
   39  supportive care, and
   40         WHEREAS, a lawsuit was filed on behalf of Angela Sozzani in
   41  Pinellas County against the Department of Children and Families,
   42  Ronald and Joyce Bryson, Family Continuity Program, Inc., and
   43  Help a Child, Inc., and
   44         WEHREAS, Angela Sozzani’s claim against Ronald and Joyce
   45  Bryson is based on each person’s failure to properly supervise
   46  Angela and their failure to follow rules of the Department of
   47  Children and Families, and
   48         WHEREAS, Angela Sozzani’s claim against Family Continuity
   49  Program, Inc., which was the lead agency in Pinellas County
   50  pursuant to s. 409.1671, Florida Statutes, during the period
   51  that Angela was placed in the Bryson home, is based on the
   52  entity’s failure to comply with rules of the Department of
   53  Children and Families, failure to perform monthly home visits,
   54  failure to ensure Angela’s safety in the Bryson foster home, and
   55  failure to report the licensing violations that were observed in
   56  the Bryson foster home, and
   57         WHEREAS, Angela Sozzani’s claim against Help a Child, Inc.,
   58  which was the private entity that contracted with the Department
   59  of Children and Families to oversee the operation of the medical
   60  foster care program through which the Brysons were licensed, is
   61  based on the entity’s failure to properly oversee and manage the
   62  Bryson foster home, failure to train Ronald and Joyce Bryson,
   63  failure to comply with rules of the Department of Children and
   64  Families, and failure to report the licensing violations that
   65  were observed in the Bryson foster home, and
   66         WHEREAS, Angela Sozzani’s claim against the Department of
   67  Children and Families is based on the department’s failure to
   68  follow its own operating procedures and guidelines with respect
   69  to the licensure of the Bryson foster home, which the department
   70  knew or should have known would be a dangerous environment to
   71  all children, including Angela Sozzani, and
   72         WHEREAS, as a disabled person, Angela Sozzani is in need of
   73  funds necessary for her care, and
   74         WHEREAS, Angela Sozzani continues to need 24-hour medical
   75  care and treatment as a result of the actions giving rise to
   76  this claim, and
   77         WHEREAS, Robert F. Cullen, Jr., M.D., F.A.A.P., Director
   78  Emeritus of Child Neurology of Miami Children’s Hospital, has
   79  reported that, with optimum medical care, Angela Sozzani’s life
   80  expectancy will be approximately 20 to 30 years, and
   81         WHEREAS, Angela Sozzani and Family Continuity Program,
   82  Inc., and Help a Child, Inc., have conditionally reached a
   83  settlement for the limits of each entity’s available insurance,
   84  and
   85         WHEREAS, pursuant to s. 409.175(15), Florida Statutes, any
   86  person who owns and operates a family foster home for the
   87  Department of Children and Families, including Ronald and Joyce
   88  Bryson, is provided coverage through the Division of Risk
   89  Management of the Department of Financial Services, as provided
   90  in ss. 284.38 and 284.385, Florida Statutes, and
   91         WHEREAS, Angela Sozzani and Ronald and Joyce Bryson have
   92  reached a settlement, and
   93         WHEREAS, the Department of Children and Families has agreed
   94  to tender on behalf of Ronald and Joyce Bryson $100,000 pursuant
   95  to s. 409.175(15), Florida Statutes, to compensate Angela
   96  Sozzani for damages, and provide a basis for this claim bill,
   97  and
   98         WHEREAS, a special needs trust has been established for the
   99  exclusive benefit and use of Angela Sozzani, and
  100         WHEREAS, the net settlement proceeds from each defendant
  101  will be deposited into the special needs trust, and
  102         WHEREAS, Angela Sozzani is currently eligible for and
  103  receiving Medicaid, which is funding her placement, treatment,
  104  and care costs, and
  105         WHEREAS, if Medicaid does not provide any medically
  106  necessary and appropriate health care services, as determined by
  107  Angela Sozzani’s treatment team, such services will be paid for
  108  using assets from the special needs trust, and
  109         WHEREAS, the Department of Children and Families supports
  110  this act to ensure that Angela Sozzani has the funding and
  111  resources necessary to obtain all medically necessary and
  112  appropriate health care for her entire life, and
  113         WHEREAS, because it is unknown how long Angela Sozzani will
  114  actually live and if her medically necessary and appropriate
  115  health care will be provided through Medicaid, the Department of
  116  Children and Families has agreed to request in its annual
  117  legislative budget request funds to replenish any funds that are
  118  expended by the special needs trust to provide for Angela’s
  119  placement costs and medical care and treatment which are not
  120  funded by Medicaid, and
  121         WHEREAS, upon the death of Angela Sozzani, any proceeds
  122  remaining in her special needs trust shall first be used to
  123  satisfy the Medicaid lien, together with any additional amounts
  124  owed pursuant to the lien, and the remainder shall be paid to
  125  the General Revenue Fund, NOW, THEREFORE,
  126  
  127  Be It Enacted by the Legislature of the State of Florida:
  128  
  129         Section 1. The facts stated in the preamble to this act are
  130  found and declared to be true.
  131         Section 2. The Department of Children and Families shall
  132  include in its annual legislative budget request for each fiscal
  133  year a request for a specific amount to replenish the special
  134  needs trust of Angela Sozzani up to $180,000, to the extent that
  135  any funds in the special needs trust have been expended for
  136  Angela Sozzani’s placement costs and medical care and treatment.
  137  As part of its initial request, the department shall include all
  138  funds expended after the date upon which the special needs trust
  139  was established through the date of the initial request.
  140         Section 3. The Department of Children and Families may,
  141  under extraordinary circumstances, request in its annual
  142  legislative budget request funds in excess of the limit provided
  143  in section 2 of this act to replenish funds in the special needs
  144  trust which are expended for Angela Sozzani’s placement costs
  145  and medical care and treatment.
  146         Section 4. Upon the death of Angela Sozzani, any proceeds
  147  remaining in her special needs trust shall first be used to
  148  satisfy the Medicaid lien, together with any additional amounts
  149  owed pursuant to the lien, and the remainder shall revert to the
  150  General Revenue Fund.
  151         Section 5. Attorney fees, lobbying fees, costs, and other
  152  similar expenses relating to this claim have not been awarded
  153  since Angela Sozzani’s attorneys have provided pro bono
  154  representation.
  155         Section 6. This act shall take effect upon becoming a law.