Bill Text: FL H1315 | 2011 | Regular Session | Comm Sub

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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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1315 Detail]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

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CS/HB 1315

1	A bill to be entitled
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 stricken are deletions; words underlined are additions.