Florida SB 20: Relief of H.H. by the Department of Children and Families

Bill Text

20 
Relief of H.H. by the Department of Children and Families 
2025-08-01T12:19:02Z 
Providing for the relief of H.H. by the Department of Children and Families; providing an appropriation to compensate H.H. for injuries and damages sustained as a result of the negligence of the department; providing legislative intent; providing a limitation on compensation and the payment of certain fees and costs, etc. 
Original Filed Version 
2026 
S 
GCB 
Claim Bill/General 
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 Florida Senate - 2026 (NP) SB 20 

 By Senator Gruters 

 22-00027-26 202620__ 
 1 A bill to be entitled 
 2 An act for the relief of H.H. by the Department of 
 3 Children and Families; providing an appropriation to 
 4 compensate H.H. for injuries and damages sustained as 
 5 a result of the negligence of the department; 
 6 providing legislative intent; providing a limitation 
 7 on compensation and the payment of certain fees and 
 8 costs; providing an effective date. 
 9 
 10 WHEREAS, on May 3, 2017, H.H. was a healthy, normally 
 11 developing 18 month old, when the Department of Children and 
 12 Families received its first child abuse hotline report regarding 
 13 H.H., which alleged substance abuse by H.H.’s mother and 
 14 stepfather and that H.H.’s mother and stepfather were selling 
 15 drugs out of, and harboring a fugitive in, their home, and 
 16 WHEREAS, during the course of its investigation of the 
 17 initial child abuse hotline report, the department discovered 
 18 that the stepfather had been released from the Department of 
 19 Corrections 7 months before initiation of the Department of 
 20 Children and Families’ investigation after being incarcerated 
 21 for 3 1/2 years, was on probation, had been married to the 
 22 mother for only 1 month and had been dating the mother for only 
 23 3 months before initiation of the department’s investigation, 
 24 and had a significant and dangerous criminal history that showed 
 25 a pattern of impulsivity and violence, and 
 26 WHEREAS, at the time of the initial child abuse hotline 
 27 report, the stepfather had been involved in at least 35 
 28 incidents resulting in police reports, and his criminal history, 
 29 ranging from 2003 through 2013, included a 2003 charge for 
 30 driving under the influence, marijuana possession, and drug 
 31 equipment possession; a 2003 charge for driving under the 
 32 influence and possession of liquor by a person under the age of 
 33 21; a 2003 charge for driving while his license was suspended or 
 34 revoked, including a prior suspension for refusal to submit to a 
 35 lawful test of breath; a 2003 charge for burglary; 2004 felony 
 36 convictions for possession of cocaine, possession of drug 
 37 paraphernalia, and burglary of a dwelling, for which he served 
 38 concurrent sentences of 270 days and 55 days in jail; a 2004 
 39 arrest for resisting an officer without violence during a 
 40 disturbance; a 2005 charging affidavit for violation of a court 
 41 order and making threats toward his girlfriend’s parents; a 2007 
 42 battery charge; a 2007 felony conviction for fleeing and 
 43 eluding; a 2009 arrest for violation of probation relating to 
 44 drug charges; a 2009 charge for marijuana possession, violation 
 45 of driver license restrictions, and drug equipment possession; a 
 46 2010 arrest for possession of a controlled substance and 
 47 possession of a firearm by a convicted felon; a 2010 arrest for 
 48 involvement in a marijuana growing operation and the cultivation 
 49 and manufacturing of cannabis; 2011 felony convictions for 
 50 possession of a Schedule II controlled substance, possession of 
 51 a firearm by a convicted felon, manufacture of cannabis, 
 52 possession of cocaine, fleeing and eluding, burglary of a 
 53 dwelling, possession of drug paraphernalia, driving while his 
 54 license was suspended, battery of a law enforcement officer, and 
 55 escape, for which he was sentenced to two 366-day sentences in 
 56 prison; and 2013 felony convictions for resisting arrest with 
 57 violence, fleeing or attempting to elude, driving while his 
 58 license was suspended or revoked, battery on a law enforcement 
 59 officer, and escape, for which he was sentenced to 4 years in 
 60 prison, and 
 61 WHEREAS, during the course of the department’s 
 62 investigation of the initial child abuse hotline report, H.H.’s 
 63 stepfather refused to submit to a drug test, and 
 64 WHEREAS, during the course of the department’s 
 65 investigation of the initial abuse report, H.H.’s mother 
 66 admitted to smoking marijuana and tested positive for marijuana, 
 67 and 
 68 WHEREAS, despite the department’s discoveries regarding 
 69 risk of harm to H.H. during the investigation, the department 
 70 failed to thoroughly investigate the child abuse hotline report 
 71 by failing to speak with any persons who may have had 
 72 information regarding H.H.’s safety, such as family members or 
 73 the stepfather’s probation officer, and