Florida Senate - 2016 (NP) CS for SB 46 By the Committee on Judiciary; and Senator Flores 590-02656-16 201646c1 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, which occurred 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 assistance 12 with their severely autistic and intellectually disabled son, 13 Kevin Colindres, and 14 WHEREAS, the police officers who arrived at the 15 Colindreses’ home were required, according to the City of 16 Miami’s policies and procedures, to have been trained on 17 interaction with and restraint of persons with intellectual 18 disabilities, such as Kevin Colindres, along with appropriate 19 monitoring of an in-custody suspect’s vital signs and the 20 administration of cardiopulmonary resuscitation (CPR), and 21 WHEREAS, at the time of the first police officer’s arrival 22 at the Colindreses’ home, Kevin Colindres was calmly seated on 23 the couch in the living room, and 24 WHEREAS, the initial police officer who arrived at the 25 Colindreses’ house followed her training and the City of Miami’s 26 policies and procedures and approached Kevin Colindres in a 27 quiet and nonthreatening manner and the situation remained 28 stable, and 29 WHEREAS, the backup police officers violated their training 30 and the City of Miami’s policies and procedures by aggressively 31 approaching Kevin Colindres, causing Kevin to attempt to leave 32 the room, and 33 WHEREAS, the backup police officers then placed Kevin 34 Colindres into custody, handcuffing his hands behind his back, 35 taking him out of the house, and placing him prone on the ground 36 and applying a hobble restraint to his ankles, and 37 WHEREAS, in violation of their training and the City of 38 Miami’s policies and procedures, the backup police officers left 39 Kevin Colindres prone on the ground and applied weight to his 40 back, and 41 WHEREAS, in violation of their training and the City of 42 Miami’s policies and procedures, the backup police officers left 43 Kevin Colindres in this position for more than 10 minutes, and 44 WHEREAS, in violation of their training and the City of 45 Miami’s policies and procedures, the backup police officers 46 failed to appropriately check Kevin Colindres’ vital signs, and 47 WHEREAS, upon realizing that Kevin Colindres had stopped 48 breathing, and in violation of their training and the City of 49 Miami’s policies and procedures, the backup police officers 50 failed to administer CPR, and 51 WHEREAS, in violation of their training and the City of 52 Miami’s policies and procedures, the backup police officers 53 failed to advise the fire rescue department of the urgency of 54 the matter, thereby delaying the response by fire rescue 55 personnel, and 56 WHEREAS, Kevin Colindres asphyxiated, which caused him to 57 suffer anoxic encephalopathy, and, on January 5, 2007, he died 58 as a result of his injuries, and 59 WHEREAS, the backup police officers of the City of Miami 60 were negligent in their actions, which directly resulted in 61 Kevin Colindres’ death, and 62 WHEREAS, a tort claim was filed on behalf of Melvin and 63 Alma Colindres, as personal representatives of the Estate of 64 Kevin Colindres, Case No. 07-13294 CA 01, in the Circuit Court 65 for the Eleventh Judicial Circuit, and 66 WHEREAS, the City of Miami filed a Motion for Arbitration 67 that was granted by the court, an arbitration was held, and the 68 arbitrator awarded the Estate of Kevin Colindres $2.75 million, 69 and 70 WHEREAS, the City of Miami chose not to seek a de novo 71 trial, and the court granted a final judgment in favor of the 72 Estate of Kevin Colindres in the amount of $2.75 million, plus 73 interest at the rate of 6 percent per annum, and 74 WHEREAS, the City of Miami has paid $200,000 to Melvin and 75 Alma Colindres, as personal representatives of the Estate of 76 Kevin Colindres, pursuant to its statutory limits of liability, 77 and 78 WHEREAS, the City of Miami has a private insurance policy 79 to pay all claims in excess of $500,000, NOW, THEREFORE, 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83 Section 1. The facts stated in the preamble to this act are 84 found and declared to be true. 85 Section 2. The City of Miami is authorized and directed to 86 appropriate from funds of the city not otherwise appropriated, 87 as well as insurance, and to draw a warrant in the sum of 88 $550,000 payable to Melvin and Alma Colindres, as personal 89 representatives of the Estate of Kevin Colindres, as 90 compensation for the wrongful death of Kevin Colindres due to 91 the negligence by police officers of the City of Miami. 92 Section 3. The amount paid by the City of Miami pursuant to 93 s. 768.28, Florida Statutes, and the amount awarded under this 94 act are intended to provide the sole compensation for all 95 present and future claims arising out of the factual situation 96 described in this act which resulted in Kevin Colindres’ death. 97 The total amount paid for attorney fees, lobbying fees, costs, 98 and other similar expenses relating to this claim may not exceed 99 25 percent of the total amount awarded under this act. 100 Section 4. This act shall take effect upon becoming a law.