Bill Text: FL H1315 | 2011 | Regular Session | Comm Sub
Bill Title: Relief/Melvin and Alma Colindres/City of Miami
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1315 Detail]
Download: Florida-2011-H1315-Comm_Sub.html
CS/HB 1315 |
1 | |
2 | An act for the relief of Melvin and Alma Colindres by the |
3 | City of Miami; providing for an appropriation to |
4 | compensate them for the wrongful death of their son, Kevin |
5 | Colindres, sustained as a result of the negligence of |
6 | police officers of the City of Miami; providing a |
7 | limitation on the payment of fees and costs; providing an |
8 | effective date. |
9 | |
10 | WHEREAS, on December 12, 2006, Melvin and Alma Colindres |
11 | called the City of Miami police department seeking help with |
12 | their severely autistic and intellectually disabled son, Kevin |
13 | Colindres, and |
14 | WHEREAS, the police officers who arrived at the Colindres' |
15 | home were supposed to have been trained on interaction with and |
16 | restraint of the mentally ill, such as Kevin Colindres, along |
17 | with appropriate monitoring of an in-custody suspect's vital |
18 | signs and the administration of cardiopulmonary resuscitation |
19 | (CPR), and |
20 | WHEREAS, at the time of the first police officer's arrival |
21 | to the Colindres' home, Kevin Colindres was calmly seated on the |
22 | couch in the living room, and |
23 | WHEREAS, the initial police officer who arrived at the |
24 | Colindres' house followed her training and the City of Miami's |
25 | policies and procedures and approached Kevin Colindres in a |
26 | quiet and nonthreatening manner and the situation remained |
27 | stable, and |
28 | WHEREAS, the police officers then placed Kevin Colindres |
29 | into custody, handcuffing him behind the back and taking him out |
30 | of the house, where the police officers placed him prone on the |
31 | ground and applied a hobble restraint to his ankles, and |
32 | WHEREAS, in violation of their training and the City of |
33 | Miami's policies and procedures, the police officers left Kevin |
34 | Colindres prone on the ground and applied weight to his back, |
35 | and |
36 | WHEREAS, in violation of their training and the City of |
37 | Miami's policies and procedures, the police officers left Kevin |
38 | Colindres in this position in excess of 10 minutes, and |
39 | WHEREAS, in violation of their training and the City of |
40 | Miami's policies and procedures, upon realizing that Kevin |
41 | Colindres had stopped breathing, the officers failed to advise |
42 | the fire rescue department of the urgency of the matter, thereby |
43 | delaying the response by fire rescue personnel, and |
44 | WHEREAS, Kevin Colindres asphyxiated, causing him to suffer |
45 | anoxic encephalopathy, and |
46 | WHEREAS, on January 5, 2007, Kevin Colindres died as a |
47 | result of his injuries, and |
48 | WHEREAS, the police officers of the City of Miami were |
49 | negligent in their actions, which directly resulted in the death |
50 | of Kevin Colindres, and |
51 | WHEREAS, a tort claim was filed on behalf of Melvin and |
52 | Alma Colindres, as personal representatives of the Estate of |
53 | Kevin Colindres, Case Number 07-13294 CA 01, in the Circuit |
54 | Court for the Eleventh Judicial Circuit, and |
55 | WHEREAS, the City of Miami filed a Motion for Arbitration |
56 | that was granted by the court, and |
57 | WHEREAS, an arbitration was held and the arbitrator awarded |
58 | the Estate of Kevin Colindres $2,750,000, and |
59 | WHEREAS, the City of Miami chose not to seek a de novo |
60 | trial, and |
61 | WHEREAS, the court granted final judgment in favor of the |
62 | Estate of Kevin Colindres in the amount of $2,750,000, plus |
63 | interest at the rate of 6 percent per annum, and |
64 | WHEREAS, the City of Miami has agreed to pay $200,000 to |
65 | Melvin and Alma Colindres, as personal representatives of the |
66 | Estate of Kevin Colindres, pursuant to its statutory limits of |
67 | liability, and |
68 | WHEREAS, the City of Miami has a private insurance policy |
69 | to pay all claims in excess of $500,000, NOW, THEREFORE, |
70 | |
71 | Be It Enacted by the Legislature of the State of Florida: |
72 | |
73 | Section 1. The facts stated in the preamble to this act |
74 | are found and declared to be true. |
75 | Section 2. The City of Miami is authorized and directed to |
76 | appropriate $2,550,000 from funds of the city not otherwise |
77 | appropriated, as well as insurance, and to draw a warrant in the |
78 | sum of $2,550,000, plus interest at the rate of 6 percent per |
79 | annum, payable to Melvin and Alma Colindres, as personal |
80 | representatives of the Estate of Kevin Colindres, as |
81 | compensation for the wrongful death of Kevin Colindres due to |
82 | negligence by police officers of the City of Miami. |
83 | Section 3. The amount paid by the City of Miami pursuant |
84 | to s. 768.28, Florida Statutes, and the amount awarded under |
85 | this act are intended to provide the sole compensation for all |
86 | present and future claims arising out of the factual situation |
87 | described in this act which resulted in the death of Kevin |
88 | Colindres. The total amount paid for attorney's fees, lobbying |
89 | fees, costs, and other similar expenses relating to this claim |
90 | may not exceed 25 percent of the total amount awarded under this |
91 | act. |
92 | Section 4. This act shall take effect upon becoming a law. |
CODING: Words |