Bill Text: FL S0034 | 2025 | Regular Session | Introduced

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Bill Title: Relief of Michael Barnett by the Department of Children and Families

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-08-02 - Filed [S0034 Detail]

Download: Florida-2025-S0034-Introduced.html

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       Florida Senate - 2025                              (NP)    SB 34
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00151-25                                             202534__
    1                        A bill to be entitled                      
    2         An act for the relief of Michael Barnett, individually
    3         and as the natural parent and legal guardian of R.B.,
    4         by the Department of Children and Families; providing
    5         an appropriation to compensate Mr. Barnett and R.B.
    6         for injuries and damages sustained; providing a
    7         limitation on compensation and the payment of attorney
    8         fees; providing an effective date.
    9  
   10         WHEREAS, in September 2010, Patrick Dell entered the
   11  Riviera Beach residence of his estranged wife, Natasha Whyte
   12  Dell, where he fatally shot her and four of her children and
   13  severely wounded a fifth child by shooting him in the neck, and
   14         WHEREAS, Mr. Dell committed suicide shortly after exiting
   15  the residence, and
   16         WHEREAS, several months before the shootings, on January
   17  26, 2010, the abuse hotline of the Department of Children and
   18  Families, hereinafter referred to as “the department,” received
   19  a phone call about an incident that occurred in December 2009,
   20  and
   21         WHEREAS, according to the police report of the December
   22  2009 incident, while Ms. Whyte-Dell was visiting a friend, Mr.
   23  Dell charged at and threatened Ms. Whyte-Dell with a knife,
   24  verbally threatened to kill her, and flattened all four tires on
   25  her vehicle, and
   26         WHEREAS, later that same morning, Mr. Dell was arrested on
   27  charges of aggravated assault with a deadly weapon and criminal
   28  mischief, and
   29         WHEREAS, over the course of the following month, the
   30  department conducted an investigation but subsequently closed
   31  the case file on February 25, 2010, after concluding that Ms.
   32  Whyte-Dell’s children were not at significant risk of harm, and
   33         WHEREAS, Mr. Dell had a prior history of making threats of
   34  violence against Ms. Whyte-Dell and her children, and
   35         WHEREAS, the Riviera Beach Police Department had responded
   36  to the Whyte-Dell home 34 times in the 4 years preceding the day
   37  of the shootings, and
   38         WHEREAS, 11 of those police responses were for domestic
   39  violence disturbances, and
   40         WHEREAS, the department should have had reason to know of
   41  the threats and had numerous opportunities to remove the
   42  children from that dangerous environment, yet did not act and
   43  closed its case file, and
   44         WHEREAS, because of the investigator’s errors and
   45  omissions, the department failed to follow up on warning signs
   46  that any reasonable investigation should have evaluated,
   47  analyzed, and acted upon, and
   48         WHEREAS, Michael Barnett, individually and as the natural
   49  parent and legal guardian of R.B., and as the personal
   50  representative of the estates of D.B., D.B., and B.B., entered
   51  into a settlement agreement and release and a consent final
   52  judgment with the State of Florida and the department, and
   53         WHEREAS, per the settlement agreement and release, Michael
   54  Barnett and R.B. agree to accept the total amount of $160,000,
   55  including attorney fees and costs, and
   56         WHEREAS, through the consent final judgment, judgment was
   57  entered in favor of Michael Barnett and R.B. and against the
   58  department in the amount of $296,400, NOW, THEREFORE,
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. The facts stated in the preamble to this act are
   63  found and declared to be true.
   64         Section 2. The sum of $296,400 is appropriated from the
   65  General Revenue Fund to the Department of Children and Families
   66  for the relief of Michael Barnett, individually and as the
   67  natural parent and legal guardian of R.B., for injuries and
   68  damages sustained.
   69         Section 3. The Chief Financial Officer is directed to draw
   70  a warrant in favor of Michael Barnett and R.B. in the sum of
   71  $296,400 upon funds of the Department of Children and Families
   72  in the State Treasury and to pay the same out of such funds in
   73  the State Treasury.
   74         Section 4. The amount paid by the Department of Children
   75  and Families pursuant to s. 768.28, Florida Statutes, and the
   76  amount awarded under this act are intended to provide the sole
   77  compensation for all present and future claims arising out of
   78  the factual situation described in this act which resulted in
   79  injuries and damages to Michael Barnett and R.B. The total
   80  amount paid for attorney fees relating to this claim may not
   81  exceed 25 percent of the total amount awarded under this act.
   82         Section 5. This act shall take effect upon becoming a law.