Bill Text: FL S0014 | 2010 | Regular Session | Introduced

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Bill Title: Relief/J. Rae Hoyer/Collier Co. Sheriff's Office

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0014 Detail]

Download: Florida-2010-S0014-Introduced.html

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Florida Senate - 2010                              (NP)    SB 14 
 
By Senator Aronberg 
27-00082-10                                             201014__ 
1                        A bill to be entitled 
2         An act for the relief of J. Rae Hoyer by the Office of 
3         the Sheriff of Collier County; providing an 
4         appropriation to compensate J. Rae Hoyer, 
5         individually, and as Personal Representative of the 
6         Estate of David J. Hoyer, M.D., deceased, whose death 
7         was due in part to the negligence of the Sheriff of 
8         Collier County; providing a limitation on the payment 
9         of fees and costs; providing an effective date. 
10 
11         WHEREAS, on January 6, 2001, David J. Hoyer M.D., died as a 
12  result of the manual strangulation and injuries inflicted on him 
13  3 days earlier by Rodriguez Patten, an inmate in the Collier 
14  County Jail, and 
15         WHEREAS, Dr. Hoyer was a 58-year-old psychiatrist who 
16  worked for the David Lawrence Center, a not-for-profit mental 
17  health center located in Collier County, and was appointed by 
18  the State of Florida to conduct a forensic mental health 
19  evaluation of inmate Patten’s competence to stand trial on 
20  charges of carjacking, kidnapping, and robbery, and 
21         WHEREAS, the Collier County Sheriff’s Office knew that 
22  inmate Patten suffered from delusions and had been a chronic 
23  problem at the jail, and 
24         WHEREAS, the Collier County Sheriff’s Office placed Dr. 
25  Hoyer in a small interview room with the inmate, but did not 
26  protect Dr. Hoyer’s safety by posting guards inside or outside 
27  the interview room to observe Dr. Hoyer and the inmate, and did 
28  not monitor the room electronically or handcuff or restrain 
29  inmate Patten in any manner, and 
30         WHEREAS, on July 3, 2002, Dr. Hoyer’s widow, J. Rae Hoyer, 
31  individually, and as Personal Representative of the Estate of 
32  David J. Hoyer, filed suit against Don Hunter, as Sheriff of 
33  Collier County, and 
34         WHEREAS, the matter was removed to the United States 
35  District Court, Middle District of Florida, Ft. Myers Division, 
36  and, after a 5-day jury trial, a verdict was returned on May 10, 
37  2005, in the amount of $2,650,260, and 
38         WHEREAS, Sheriff Hunter was found to be 50 percent 
39  comparatively at fault for causing Dr. Hoyer’s death, and 
40         WHEREAS, a judgment in the civil case was entered on May 
41  16, 2005, in the amount of $1,325,130, and an order on taxation 
42  of costs was entered on June 21, 2005, in the amount of 
43  $3,912.44, for a total judgment in favor of Mrs. Hoyer in the 
44  amount of $1,329,042.44, and 
45         WHEREAS, the Office of the Sheriff of Collier County has 
46  paid the statutory limit of $200,000 pursuant to s. 768.28, 
47  Florida Statutes, and $1,129,042.44 remains unpaid, and 
48         WHEREAS, a motion for new trial was denied on July 18, 
49  2005, and 
50         WHEREAS, the Office of the Sheriff of Collier County has 
51  insurance coverage in the amount of $3.1 million, which can be 
52  used to satisfy the judgment awarded in this matter, NOW, 
53  THEREFORE, 
54 
55  Be It Enacted by the Legislature of the State of Florida: 
56 
57         Section 1. The facts stated in the preamble to this act are 
58  found and declared to be true. 
59         Section 2. The Sheriff of Collier County is authorized and 
60  directed to appropriate from funds of the sheriff’s office not 
61  otherwise appropriated and to draw a warrant payable to J. Rae 
62  Hoyer, individually, and as Personal Representative of the 
63  Estate of David J. Hoyer, M.D., for the amount of $1,129,042.44 
64  for injuries and damages sustained due to the death of David J. 
65  Hoyer. 
66         Section 3. The amount paid by the Office of the Sheriff of 
67  Collier County pursuant to s. 768.28, Florida Statutes, and this 
68  award are intended to provide the sole compensation for all 
69  present and future claims arising out of the factual situation 
70  that resulted in the death of David J. Hoyer as described in 
71  this act. The total amount paid for attorney’s fees, lobbying 
72  fees, costs, and other similar expenses relating to this claim 
73  may not exceed 25 percent of the amount awarded under this act. 
74         Section 4. This act shall take effect upon becoming a law.