Florida Senate - 2013                                      SB 32
       
       
       
       By Senator Flores
       
       
       
       
       37-00031-13                                             201332__
    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 nonthreatening manner and the situation remained
   27  stable, and
   28         WHEREAS, the backup police officers violated their training
   29  and the City of Miami’s policies and procedures by aggressively
   30  approaching Kevin Colindres, causing Kevin Colindres to attempt
   31  to leave the room, and
   32         WHEREAS, the police officers then placed Kevin Colindres
   33  into custody, handcuffing him behind the back and taking him out
   34  of the house, where the police officers placed him prone on the
   35  ground and applied a hobble restraint to his ankles, 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 prone on the ground and applied weight to his back,
   39  and
   40         WHEREAS, in violation of their training and the City of
   41  Miami’s policies and procedures, the police officers left Kevin
   42  Colindres in this position in excess of 10 minutes, and
   43         WHEREAS, in violation of their training and the City of
   44  Miami’s policies and procedures, the police officers failed to
   45  appropriately check Kevin Colindres’ vital signs, and
   46         WHEREAS, in violation of their training and the City of
   47  Miami’s policies and procedures, upon realizing that Kevin
   48  Colindres had stopped breathing, the police officers failed to
   49  administer CPR, and
   50         WHEREAS, in violation of their training and the City of
   51  Miami’s policies and procedures, the police officers failed to
   52  advise the fire rescue department of the urgency of the matter,
   53  thereby delaying the response by fire rescue personnel, and
   54         WHEREAS, Kevin Colindres asphyxiated, causing him to suffer
   55  anoxic encephalopathy, and
   56         WHEREAS, on January 5, 2007, Kevin Colindres died as a
   57  result of his injuries, and
   58         WHEREAS, the police officers of the City of Miami were
   59  negligent in their actions, which directly resulted in the death
   60  of Kevin Colindres, and
   61         WHEREAS, a tort claim was filed on behalf of Melvin and
   62  Alma Colindres, as personal representatives of the Estate of
   63  Kevin Colindres, Case Number 07-13294 CA 01, in the Circuit
   64  Court for the Eleventh Judicial Circuit, and
   65         WHEREAS, the City of Miami filed a Motion for Arbitration
   66  that was granted by the court, and
   67         WHEREAS, an arbitration was held and the arbitrator awarded
   68  the Estate of Kevin Colindres $2,750,000, and
   69         WHEREAS, the City of Miami chose not to seek a de novo
   70  trial, and
   71         WHEREAS, the court granted final judgment in favor of the
   72  Estate of Kevin Colindres in the amount of $2,750,000, plus
   73  interest at the rate of 6 percent per annum, and
   74         WHEREAS, the City of Miami has agreed to pay $200,000 to
   75  Melvin and Alma Colindres, as personal representatives of Estate
   76  of Kevin Colindres, pursuant to its statutory limits of
   77  liability, 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 $2,550,000 from funds of the city not otherwise
   87  appropriated, as well as insurance, and to draw a warrant in the
   88  sum of $2,550,000, plus interest at the rate of 6 percent per
   89  annum, payable to Melvin and Alma Colindres, as personal
   90  representatives of the Estate of Kevin Colindres, as
   91  compensation for the wrongful death of Kevin Colindres due to
   92  negligence by police officers of the City of Miami.
   93         Section 3. The amount paid by the City of Miami pursuant to
   94  s. 768.28, Florida Statutes, and the amount awarded under this
   95  act are intended to provide the sole compensation for all
   96  present and future claims arising out of the factual situation
   97  described in this act which resulted in the death of Kevin
   98  Colindres. The total amount paid for attorney fees, lobbying
   99  fees, costs, and other similar expenses relating to this claim
  100  may not exceed 25 percent of the total amount awarded under this
  101  act.
  102         Section 4. This act shall take effect upon becoming a law.