| 1 | A bill to be entitled |
| 2 | An act for the relief of J. Rae Hoyer by the Office of the |
| 3 | Sheriff of Collier County; providing for the relief of J. |
| 4 | Rae Hoyer, individually, and as Personal Representative of |
| 5 | the Estate of David J. Hoyer, M.D., deceased, whose demise |
| 6 | was due in part to negligence on the part of the Sheriff |
| 7 | of Collier County; providing an effective date. |
| 8 |
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| 9 | WHEREAS, on January 3, 2001, Dr. David J. Hoyer was |
| 10 | strangled in the Collier County jail by Rodriguez Patten, an |
| 11 | inmate at the Collier County Jail, and Dr. Hoyer died on January |
| 12 | 6, 2001, as a result of the manual strangulation and injuries |
| 13 | inflicted on him by inmate Patten, and |
| 14 | WHEREAS, Dr. Hoyer, a 58-year-old psychiatrist who worked |
| 15 | for the David Lawrence Center, a not-for-profit mental health |
| 16 | center located in Collier County, had been appointed by the |
| 17 | State of Florida to perform a forensic mental health evaluation |
| 18 | to determine whether inmate Patten was competent to stand trial |
| 19 | on charges of carjacking, kidnapping, and robbery, and |
| 20 | WHEREAS, Dr. Hoyer was placed in a small interview room |
| 21 | with the inmate, who suffered from delusions and had been a |
| 22 | chronic problem at the jail; there were no guards posted inside |
| 23 | or outside the room maintaining visual observation of Dr. Hoyer |
| 24 | and the inmate; and there were no other safeguards to protect |
| 25 | Dr. Hoyer, no handcuffs or restraints of any sort on inmate |
| 26 | Patten, and no other monitoring of the interview room, and |
| 27 | WHEREAS, on July 3, 2002, Dr. Hoyer's widow, J. Rae Hoyer, |
| 28 | individually, and as Personal Representative of the Estate of |
| 29 | David J. Hoyer, filed suit against Don Hunter, as Sheriff of |
| 30 | Collier County, and |
| 31 | WHEREAS, the matter was removed to the United States |
| 32 | District Court, Middle District of Florida, Ft. Myers Division, |
| 33 | and litigated, and, after a 5-day jury trial, a verdict was |
| 34 | returned on May 10, 2005, in the amount of $2,650,260, and |
| 35 | WHEREAS, Sheriff Hunter was found to be 50-percent |
| 36 | comparatively at fault for causing Dr. Hoyer's death, and |
| 37 | WHEREAS, a judgment in the civil case was entered on May |
| 38 | 16, 2005, in the amount of $1,325,130, and an order on taxation |
| 39 | of costs was entered on June 21, 2005, in the amount of |
| 40 | $3,912.44, making a total judgment in favor of Mrs. Hoyer in the |
| 41 | amount of $1,329,042.44, and |
| 42 | WHEREAS, after the sheriff has paid the statutory limit of |
| 43 | $200,000 under section 768.28, Florida Statutes, the remaining |
| 44 | amount of the judgment will be $1,129,042.44, and |
| 45 | WHEREAS, a motion for new trial was denied on July 18, |
| 46 | 2005, and |
| 47 | WHEREAS, the Sheriff of Collier County has insurance |
| 48 | coverage in the amount of $3.1 million, which could be used to |
| 49 | satisfy the judgment that has been awarded in this matter, NOW, |
| 50 | THEREFORE, |
| 51 |
|
| 52 | Be It Enacted by the Legislature of the State of Florida: |
| 53 |
|
| 54 | Section 1. The facts stated in the preamble to this act |
| 55 | are found and declared to be true. |
| 56 | Section 2. The Sheriff of Collier County is authorized and |
| 57 | directed to appropriate from funds of the sheriff's office not |
| 58 | otherwise appropriated and to draw a warrant payable to J. Rae |
| 59 | Hoyer, individually, and as Personal Representative of the |
| 60 | Estate of David J. Hoyer, M.D., for the total amount of |
| 61 | $1,129,042.44, for injuries and damages sustained due to the |
| 62 | death of David J. Hoyer. |
| 63 | Section 3. This act shall take effect upon becoming a law. |