Florida Senate - 2027 (NP) SB 34
By Senator Martin
33-00042-27 202734__
1 A bill to be entitled
2 An act for the relief of the Estate of M.N. by the
3 Broward County Sheriff’s Office; providing an
4 appropriation to compensate the estate for injuries
5 sustained by M.N. and her subsequent death as a result
6 of the negligence of the Broward County Sheriff’s
7 Office; providing a limitation on compensation and the
8 payment of attorney fees; providing an effective date.
9
10 WHEREAS, on October 13, 2016, when M.N. was 5 months old,
11 the Broward County Sheriff’s Office received its first abuse
12 report regarding M.N. through the Department of Children and
13 Families’ abuse hotline, alleging that M.N. had multiple
14 unexplained fractures and had sustained a black eye, and
15 WHEREAS, during the office’s investigation, the Broward
16 County Sheriff’s Office child protective investigator went to
17 Northwest Medical Center and learned that M.N. had unexplained
18 injuries, including fractures and bruises, and
19 WHEREAS, the Broward County Sheriff’s Office allowed M.N.
20 to be discharged from the hospital and remain in the custody of
21 her mother, K.W., despite the investigator having actual
22 knowledge that there was a pattern of unexplained injuries to
23 M.N. and that the child was in immediate need of a safety plan
24 for her protection, and
25 WHEREAS, K.W. moved with M.N. and M.N.’s brother out of
26 M.N.’s paternal grandmother’s home and into the home of Juan
27 Santos, and thereafter K.W. stopped all contact with M.N.’s
28 father, C.N., and
29 WHEREAS, C.N. made multiple requests to see M.N., to which
30 K.W. did not respond, resulting in C.N. not knowing where M.N.
31 was living or that she was injured, and
32 WHEREAS, the Broward County Sheriff’s Office failed to
33 contact C.N., who, as the non-offending parent, was required to
34 be one of the Broward County Sheriff’s Office’s first contacts,
35 to inform him of M.N.’s injuries and to discuss placement of the
36 child, and
37 WHEREAS, the Broward County Sheriff’s Office failed to meet
38 with Mr. Santos, explore whether Mr. Santos was a caregiver to
39 M.N., conduct a background check on Mr. Santos, or investigate
40 M.N.’s injuries, and the office allowed M.N. to remain with K.W.
41 and Mr. Santos without taking any further investigative action,
42 and
43 WHEREAS, while the Broward County Sheriff’s Office’s child
44 protective investigation was open, multiple abuse reports were
45 received by the Broward County Sheriff’s Office alleging that
46 M.N. had multiple fractures, spinal cord hemorrhaging, severe
47 traumatic brain injury, and retinal hemorrhages due to abusive
48 shaking and impact, and that the child was declared brain dead,
49 and
50 WHEREAS, on October 28, 2016, M.N. died from her injuries
51 after being taken off life support, and the Broward County
52 Sheriff’s Office closed its investigation July 17, 2017, with
53 verified findings of bone fractures, internal injuries,
54 threatened harm, and death, and
55 WHEREAS, the Broward County Sheriff’s Office failed to
56 complete a thorough child protective investigation, failed to
57 ensure M.N.’s safety, and failed to protect M.N. from further
58 abuse and neglect, which was its primary responsibility, and
59 WHEREAS, a jury correctly found that, but for the Broward
60 County Sheriff’s Office’s negligence, M.N. would not have died
61 and C.N. would not have suffered damages from the loss of his
62 daughter, and
63 WHEREAS, a verdict was rendered in the case on August 16,
64 2023, awarding C.N. a total amount of $4.5 million, of which 58
65 percent of fault, or $2.61 million, was apportioned to the
66 Broward County Sheriff’s Office, and
67 WHEREAS, $110,000 was recoverable from the Broward County
68 Sheriff’s Office, and the unpaid amount in excess of the
69 limitations on liability set forth in s. 768.28, Florida
70 Statutes, is $2.5 million, NOW, THEREFORE,
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. The facts stated in the preamble to this act are
75 found and declared to be true.
76 Section 2. The Broward County Sheriff’s Office is
77 authorized and directed to appropriate from funds not otherwise
78 encumbered and to draw a warrant in the sum of $2.5 million
79 payable to the Estate of M.N. as compensation for injuries and
80 damages sustained.
81 Section 3. The amount paid by the Broward County Sheriff’s
82 Office pursuant to s. 768.28, Florida Statutes, and the amount
83 awarded under this act are intended to provide the sole
84 compensation for all present and future claims arising out of
85 the factual situation described in this act which resulted in
86 injuries and damages to the Estate of M.N. The total amount paid
87 for attorney fees relating to this claim may not exceed 25
88 percent of the total amount awarded under this act.
89 Section 4. This act shall take effect upon becoming a law.