Florida Senate - 2014                              (NP)    SB 42
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00126A-14                                            201442__
    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
   15  Colindreses’ home were supposed to have been trained on
   16  interaction with and restraint of the intellectually disabled
   17  such as Kevin Colindres, along with appropriate monitoring of an
   18  in-custody suspect’s vital signs and the administration of
   19  cardiopulmonary resuscitation (CPR), and
   20         WHEREAS, at the time of the first police officer’s arrival
   21  to the Colindreses’ home, Kevin Colindres was calmly seated on
   22  the couch in the living room, and
   23         WHEREAS, the initial police officer who arrived at the
   24  Colindreses’ 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 backup police officers then placed Kevin
   33  Colindres into custody, handcuffing his hands behind his back,
   34  taking him out of the house, and placing him prone on the ground
   35  and applying 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 backup police officers left
   38  Kevin Colindres prone on the ground and applied weight to his
   39  back, and
   40         WHEREAS, in violation of their training and the City of
   41  Miami’s policies and procedures, the backup police officers left
   42  Kevin Colindres in this position for more than 10 minutes, and
   43         WHEREAS, in violation of their training and the City of
   44  Miami’s policies and procedures, the backup police officers
   45  failed to 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 backup police officers
   49  failed to administer CPR, and
   50         WHEREAS, in violation of their training and the City of
   51  Miami’s policies and procedures, the backup police officers
   52  failed to advise the fire rescue department of the urgency of
   53  the matter, thereby delaying the response by fire rescue
   54  personnel, and
   55         WHEREAS, Kevin Colindres asphyxiated, causing him to suffer
   56  anoxic encephalopathy, and, on January 5, 2007, died as a result
   57  of his injuries, and
   58         WHEREAS, the backup police officers of the City of Miami
   59  were negligent in their actions, which directly resulted in the
   60  death 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, an arbitration was held, and the
   67  arbitrator awarded the Estate of Kevin Colindres $2.75 million,
   68  and
   69         WHEREAS, the City of Miami chose not to seek a de novo
   70  trial, and the court granted a final judgment in favor of the
   71  Estate of Kevin Colindres in the amount of $2.75 million, plus
   72  interest at the rate of 6 percent per annum, and
   73         WHEREAS, the City of Miami has already paid $200,000 to
   74  Melvin and Alma Colindres, as personal representatives of the
   75  Estate of Kevin Colindres, pursuant to its statutory limits of
   76  liability, and
   77         WHEREAS, the City of Miami has a private insurance policy
   78  to pay all claims in excess of $500,000, NOW, THEREFORE,
   79  
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. The facts stated in the preamble to this act are
   83  found and declared to be true.
   84         Section 2. The City of Miami is authorized and directed to
   85  appropriate from funds of the city not otherwise appropriated,
   86  as well as insurance, and to draw a warrant in the sum of $2.55
   87  million, payable to Melvin and Alma Colindres, as personal
   88  representatives of the Estate of Kevin Colindres, as
   89  compensation for the wrongful death of Kevin Colindres due to
   90  the negligence by police officers of the City of Miami.
   91         Section 3. The amount paid by the City of Miami pursuant to
   92  s. 768.28, Florida Statutes, and the amount awarded under this
   93  act are intended to provide the sole compensation for all
   94  present and future claims arising out of the factual situation
   95  described in this act which resulted in the death of Kevin
   96  Colindres. The total amount paid for attorney fees, lobbying
   97  fees, costs, and other similar expenses relating to this claim
   98  may not exceed 25 percent of the total amount awarded under this
   99  act.
  100         Section 4. This act shall take effect upon becoming a law.