Senate Bill sb0042

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    Florida Senate - 2007                                    SB 42

    By Senator Aronberg





    27-67-07

  1                      A bill to be entitled

  2         An act relating to the Office of the Sheriff of

  3         Collier County; providing for the relief of J.

  4         Rae Hoyer, individually, and as Personal

  5         Representative of the Estate of David J. Hoyer,

  6         M.D., deceased, whose demise was due in part to

  7         negligence on the part of the Sheriff of

  8         Collier County; providing an effective date.

  9  

10         WHEREAS, on January 3, 2001, Dr. David J. Hoyer was

11  strangled in the Collier County jail by Rodriguez Patten, an

12  inmate at the Collier County Jail, and Dr. Hoyer died on

13  January 6, 2001, as a result of the manual strangulation and

14  injuries inflicted on him by inmate Patten, and

15         WHEREAS, Dr. Hoyer, a 58-year-old psychiatrist who

16  worked for the David Lawrence Center, a not-for-profit mental

17  health center located in Collier County, had been appointed by

18  the State of Florida to perform a forensic mental health

19  evaluation to determine whether inmate Patten was competent to

20  stand trial on charges of carjacking, kidnapping, and robbery,

21  and

22         WHEREAS, Dr. Hoyer was placed in a small interview room

23  with the inmate, who suffered from delusions and had been a

24  chronic problem at the jail; there were no guards posted

25  inside or outside the room maintaining visual observation of

26  Dr. Hoyer and the inmate; and there were no other safeguards

27  to protect Dr. Hoyer, no handcuffs or restraints of any sort

28  on inmate Patten, and no other monitoring of the interview

29  room, and

30         WHEREAS, on July 3, 2002, Dr. Hoyer's widow, J. Rae

31  Hoyer, individually, and as Personal Representative of the

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    Florida Senate - 2007                                    SB 42
    27-67-07




 1  Estate of David J. Hoyer, filed suit against Don Hunter, as

 2  Sheriff of Collier County, and

 3         WHEREAS, the matter was removed to the United States

 4  District Court, Middle District of Florida, Ft. Myers

 5  Division, and litigated, and, after a 5-day jury trial, a

 6  verdict was returned on May 10, 2005, in the amount of

 7  $2,650,260, and

 8         WHEREAS, Sheriff Hunter was found to be 50-percent

 9  comparatively at fault for causing Dr. Hoyer's death, and

10         WHEREAS, a judgment in the civil case was entered on

11  May 16, 2005, in the amount of $1,325,130, and an order on

12  taxation of costs was entered on June 21, 2005, in the amount

13  of $3,912.44, making a total judgment in favor of Mrs. Hoyer

14  in the amount of $1,329,042.44, and

15         WHEREAS, after the sheriff has paid the statutory limit

16  of $200,000 under section 768.28, Florida Statutes, the

17  remaining amount of the judgment will be $1,129,042.44, and

18         WHEREAS, a motion for new trial was denied on July 18,

19  2005, and

20         WHEREAS, the Sheriff of Collier County has insurance

21  coverage in the amount of $3.1 million, which could be used to

22  satisfy the judgment that has been awarded in this matter,

23  NOW, THEREFORE,

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  The facts stated in the preamble to this

28  act are found and declared to be true.

29         Section 2.  The Sheriff of Collier County is authorized

30  and directed to appropriate from funds of the sheriff's office

31  not otherwise appropriated and to draw a warrant payable to J.

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    Florida Senate - 2007                                    SB 42
    27-67-07




 1  Rae Hoyer, individually, and as Personal Representative of the

 2  Estate of David J. Hoyer, M.D., for the total amount of

 3  $1,129,042.44, for injuries and damages sustained due to the

 4  death of David J. Hoyer.

 5         Section 3.  This act shall take effect upon becoming a

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