A lawmaker has refiled a bill seeking nearly $15 million in compensation for a child abuse victim whom the state failed to protect, leaving her with lifelong disabilities.
Vero Beach Republican Rep. Robbie Brackett filed the measure (HB 6505), detailing how the Department of Children and Families (DCF) failed to protect an 18-month-old child from severe physical abuse and neglect at the hands of her mother and stepfather in 2017.
In a 2023 verdict, a jury found that DCF’s negligence in conducting its child protection investigations led to the child’s injuries.
DCF has received multiple reports to Florida’s child abuse hotline. This included reports to the hotline right up until the day the child, known as “H.H.,” was admitted to the hospital with severe, life-threatening injuries. H.H. was unresponsive and unconscious, and had multiple areas of bleeding in her brain, brain swelling, eye injuries, and was in respiratory failure.
Despite H.H.’s stepfather being a convicted felon and having a violent criminal history — which included serving almost four years in prison before he met the child’s mother — investigations conducted by DCF yielded no result or removal of H.H. from the home.
As a result of her injuries, which include cerebral palsy, an inability to walk or talk, or eat without a feeding tube, and frequent seizures, H.H. requires around the clock care, physical therapy, speech therapy, monitoring and supervision, and access to multiple medical specialists.
The bill seeks to appropriate the nearly $15 million from the General Revenue Fund to DCF for the relief of H.H. ‘s injuries and damages sustained as a result of the Department’s failure.
If the bill is successful, the state’s Chief Financial Officer would be directed to draw a warrant in favor of H.H., which would be paid into an irrevocable trust created for her exclusive use, and is intended to provide the sole compensation for all present and future claims.
The bill further seeks to have any government liens, including Medicaid liens, resulting from H.H.’s subsequent treatments and care to be waived and paid by the state.
Attorneys fees would be restricted to no more than 25% of the total amount awarded.
During the 2025 Legislative Session, Brackett filed an identical bill (HB 6531). While the Civil Justice & Claims Subcommittee pass the bill unanimously, it died in the Budget Committee.
If passed, the bill would take effect upon becoming law.