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.