Florida Senate - 2025 (NP) SB 30 By Senator Martin 33-00136B-25 202530__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act for the relief of the Estate of M.N. by the 2 Broward County Sheriff’s Office; providing for an 3 appropriation to compensate the estate for injuries 4 sustained by M.N. and her subsequent death as a result 5 of the negligence of the Broward County Sheriff’s 6 Office; providing a limitation on compensation and the 7 payment of attorney fees; providing an effective date. 8 9 WHEREAS, on October 13, 2016, 5-month-old M.N. was brought 10 to Northwest Medical Center in Broward County with a fever and 11 intermittent leg pain, and 12 WHEREAS, diagnostic imaging revealed that M.N. had multiple 13 fractures in her upper and lower extremities which were in 14 different stages of healing, some of which were estimated to be 15 approximately 3 weeks old, including fractures to her left 16 tibia, left fibula, and left radius, and 17 WHEREAS, the treating physician observed bruising around 18 M.N.’s left eye and discoloration on M.N.’s left wrist and 19 learned that, at 3 months of age, M.N. had sustained a black 20 eye, allegedly from falling off a couch, which resulted in a 21 visit to Broward Health, and 22 WHEREAS, the treating physician consulted with a pediatric 23 orthopedic specialist who, upon reviewing M.N.’s diagnostic 24 imaging, advised that the fractures did not appear to be 25 accidental and recommended that M.N.’s injuries be reported to 26 the Department of Children and Families’ (DCF) Abuse Hotline, 27 and 28 WHEREAS, on October 13, 2016, the treating physician sent, 29

Florida Senate - 2025 (NP) SB 30 33-00136B-25 202530__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. and DCF received, a report through DCF’s Abuse Hotline 30 describing M.N.’s injuries, which report was assigned to the 31 Broward County Sheriff’s Office (BSO) for investigation, as the 32 BSO was the law enforcement agency charged with conducting child 33 protective investigations in Broward County pursuant to s. 34 39.303, Florida Statutes, and 35 WHEREAS, that same day, upon receiving the abuse hotline 36 report, a BSO child protective investigator (CPI) responded to 37 Northwest Medical Center and observed the bruising around M.N.’s 38 left eye and the discoloration on her left wrist and learned 39 that, in addition to M.N.’s unexplained healing fractures, each 40 of the aforementioned injuries occurred while M.N. was in the 41 care or presence of her mother, K.W.; that the origins of the 42 injuries were unexplained; and that K.W. had taken M.N. to 43 different medical facilities to receive treatment for the 44 child’s injuries, and 45 WHEREAS, as the agency charged under s. 39.001, Florida 46 Statutes, with conducting child protective investigations to 47 ensure child safety and prevent further harm to children, the 48 BSO owed M.N. a duty to ensure her safety and to protect her 49 from further harm, and 50 WHEREAS, despite the CPI having actual knowledge that there 51 was a pattern of unexplained injuries to M.N. while in K.W.’s 52 care and that the child was in immediate need of a safety plan 53 for her protection, the BSO allowed M.N. to be discharged from 54 the hospital in the custody of K.W., and 55 WHEREAS, the BSO determined that M.N.’s father, C.N., was a 56 nonoffending parent; however, K.W. had moved into the home of a 57 male friend, Juan Santos, and, throughout September and October 58

Florida Senate - 2025 (NP) SB 30 33-00136B-25 202530__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. 2016, refused to respond to C.N.’s multiple requests to visit 59 M.N., and 60 WHEREAS, the BSO failed to contact C.N., despite the fact 61 that the BSO was required to do so to inform him of M.N.’s 62 injuries and to discuss placement of the child, and 63 WHEREAS, the BSO failed to meet with Mr. Santos, to explore 64 whether he was a caregiver to M.N., or to conduct a background 65 check on him, and instead allowed M.N. to remain with K.W. and 66 Mr.

Santos, during which time M.N. was subject to further severe 67 abuse, and 68 WHEREAS, on October 24, 2016, while the BSO’s child 69 protective investigation remained open, M.N., at only 6 months 70 of age, sustained life-threatening injuries, including a 71 parietal skull fracture, severe brain and spinal cord injury, 72 and extensive retinal hemorrhages, due to shaking and impact, 73 and 74 WHEREAS, on October 24, 2016, M.N. was transported to the 75 hospital, where she was declared brain-dead and placed on life 76 support, and she died from her injuries on October 28, 2016, 77 after being removed from life support, and 78 WHEREAS, on October 24, 2016, an additional abuse hotline 79 report was received regarding M.N., and the case was again 80 assigned to the BSO for investigation, and 81 WHEREAS, the BSO closed its investigation of M.N.’s case on 82 July 17, 2017, with verified findings of bone fractures, 83 internal injuries, threatened harm, and death, and 84 WHEREAS, following a jury trial, a verdict was rendered on 85 August 16, 2023, in the amount of $4.5 million in favor of 86 M.N.’s father, C.N., for his pain and suffering as a result 87

Florida Senate - 2025 (NP) SB 30 33-00136B-25 202530__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions.

M.N.’s wrongful death, with 58 percent of the jury award, 88 totaling $2.61 million, apportioned to the BSO, and 89 WHEREAS, the BSO admitted its negligence during the trial 90 following the testimony of its own CPI, her supervisor, and 91 other BSO employees, and 92 WHEREAS, the jury found that, but for the BSO’s negligence 93 in failing to complete a thorough child protective 94 investigation, ensure M.N.’s safety, and protect M.N. from 95 further abuse and neglect, which was its primary duty, M.N. 96 would not have died and C.N. would not have suffered damages 97 arising out of the loss of his daughter, and 98 WHEREAS, $110,000 of the jury award was recovered from the 99 BSO and $90,000 was recovered from Broward County, which total 100 has exhausted the sovereign immunity limits set forth in s. 101 768.28, Florida Statutes, and 102 WHEREAS, the trial court entered a cost judgment awarding 103 taxable costs in the amount of $88,258.50 to the Estate of M.N., 104 to be paid by the BSO, and 105 WHEREAS, a total of $2,498,258.50, representing $2.41 106 million in excess of the sovereign immunity limits and 107 $88,258.50 in costs awarded to the Estate of M.N., plus interest 108 remains unpaid by the BSO, and 109 WHEREAS, the Estate of M.N. is responsible for payment of 110 attorney fees and all remaining costs and expenses relating to 111 this claim, subject to the limitations set forth in this act, 112 and 113 WHEREAS, the claimant has been paid the statutory limit of 114 $200,000 pursuant to s. 768.28, Florida Statutes, leaving a 115 balance of $2.41 million plus taxable trial costs awarded in the 116

Florida Senate - 2025 (NP) SB 30 33-00136B-25 202530__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. amount of $88,258.50 for a total claim of $2,498,258.50, plus 117 interest, NOW, THEREFORE, 118 119 Be It Enacted by the Legislature of the State of Florida: 120 121

Section 1. The facts stated in the

preamble to this act are 122 found and declared to be true. 123

Section 2. The Broward County Sheriff’s Office is 124 authorized and directed to appropriate from funds not otherwise 125 encumbered and to draw a warrant in the sum of $2,498,258.50 126 payable to the Estate of M.N. as compensation for injuries and 127 damages sustained. 128

Section 3. It is the intent of the Legislature that all 129 government liens, including Medicaid liens, resulting from the 130 treatment and care of M.N. for the occurrences described in this 131 act be waived and paid by the state. 132

Section 4. The amount paid by the Broward County Sheriff’s 133 Office pursuant to s. 768.28, Florida Statutes, and the amount 134 awarded under this act are intended to provide the sole 135 compensation for all present and future claims arising out of 136 the factual situation described in this act which resulted in 137 injuries and damages to the Estate of M.N. The total amount paid 138 for attorney fees relating to this claim may not exceed 25 139 percent of the total amount awarded under this act. 140

Section 5. This act shall take effect upon becoming a law. 141