CS for SB 54                               First Engrossed (ntc)
       
       
       
       
       
       
       
       
       201154e1
       
    1                        A bill to be entitled                      
    2         An act for the relief of Melvin and Alma Colindres by
    3         the City of Miami; providing for an appropriation to
    4         compensate them for the wrongful death of their son,
    5         Kevin Colindres, sustained as a result of the
    6         negligence of police officers of the City of Miami;
    7         providing a limitation on the payment of fees and
    8         costs; providing an 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 non-threatening 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, the police officers failed to
   41  appropriately check Kevin Colindres’ vital signs, and
   42         WHEREAS, in violation of their training and the City of
   43  Miami’s policies and procedures, upon realizing that Kevin
   44  Colindres had stopped breathing, the officers failed to advise
   45  the fire rescue department of the urgency of the matter, thereby
   46  delaying the response by fire rescue personnel, and
   47         WHEREAS, Kevin Colindres asphyxiated, causing him to suffer
   48  anoxic encephalopathy, and
   49         WHEREAS, on January 5, 2007, Kevin Colindres died as a
   50  result of his injuries, and
   51         WHEREAS, the police officers of the City of Miami were
   52  negligent in their actions, which directly resulted in the death
   53  of Kevin Colindres, and
   54         WHEREAS, a tort claim was filed on behalf of Melvin and
   55  Alma Colindres, as personal representatives of the Estate of
   56  Kevin Colindres, Case Number 07-13294 CA 01, in the Circuit
   57  Court for the Eleventh Judicial Circuit, and
   58         WHEREAS, the City of Miami filed a Motion for Arbitration
   59  that was granted by the court, and
   60         WHEREAS, an arbitration was held and the arbitrator awarded
   61  the Estate of Kevin Colindres $2,750,000, and
   62         WHEREAS, the City of Miami chose not to seek a de novo
   63  trial, and
   64         WHEREAS, the court granted final judgment in favor of the
   65  Estate of Kevin Colindres in the amount of $2,750,000, plus
   66  interest at the rate of 6 percent per annum, and
   67         WHEREAS, the City of Miami has agreed to pay $200,000 to
   68  Melvin and Alma Colindres, as personal representatives of Estate
   69  of Kevin Colindres, pursuant to its statutory limits of
   70  liability, and
   71         WHEREAS, the City of Miami has a private insurance policy
   72  to pay all claims in excess of $500,000, NOW, THEREFORE,
   73  
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. The facts stated in the preamble to this act are
   77  found and declared to be true.
   78         Section 2. The City of Miami is authorized and directed to
   79  appropriate $550,000 from funds of the city not otherwise
   80  appropriated, as well as insurance, and to draw a warrant in the
   81  sum of $550,000, plus interest at the rate of 6 percent per
   82  annum, payable to Melvin and Alma Colindres, as personal
   83  representatives of the Estate of Kevin Colindres, as
   84  compensation for the wrongful death of Kevin Colindres due to
   85  negligence by police officers of the City of Miami.
   86         Section 3. The amount paid by the City of Miami pursuant to
   87  s. 768.28, Florida Statutes, and the amount awarded under this
   88  act are intended to provide the sole compensation for all
   89  present and future claims arising out of the factual situation
   90  described in this act which resulted in the death of Kevin
   91  Colindres. The total amount paid for attorney’s fees, lobbying
   92  fees, costs, and other similar expenses relating to this claim
   93  may not exceed 25 percent of the total amount awarded under this
   94  act.
   95         Section 4. This act shall take effect upon becoming a law.