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DEPARTMENT OF FINANCIAL SERVICES v. BARNETT

No. 4D17-2840.

268 So.3d 758 (2019)

State of Florida, DEPARTMENT OF FINANCIAL SERVICES, Florida Department of Children and Families and City of Riviera Beach, a Florida Municipal Corporation, Appellants, v. Michael BARNETT, Individually, as Natural Father and Guardian of R.B., a Minor, and as the Personal Representative of the Estates of Daniel Barnett, Diane Barnett and Bryan Barnett, and Leroy Nelson, Jr., as Personal Representative of the Estate of Javon Xavier Nelson, a Minor, Appellees.

District Court of Appeal of Florida, Fourth District.

January 9, 2019.

Attorney(s) appearing for the Case

Sheridan Weissenborn of Dutton Law Group, P.A., Miami, for appellant Department of Financial Services.

H.T. Smith , of the Law Offices of H.T. Smith, P.A., Coral Gables, and John W. McLuskey of McLuskey, McDonald & Hughes, P.A., Miami, for appellee Michael Barnett.

Vincent E. Miller of the Law Offices of Vincent E. Miller, P.A., Delray Beach, for appellee Leroy Nelson, Jr.

ON MOTION TO CERTIFY QUESTION OF GREAT PUBLIC IMPORTANCE

Unfortunately, our state has experienced a number of high-profile mass shootings in the past several years, some of which have led to negligence complaints against state agencies. In our opinion in the instant case, we narrowly construed section 768.28(5), Florida Statutes...

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