1

A bill to be entitled

2

An act relating to the Office of the Sheriff of Collier

3

County; providing for the relief of J. Rae Hoyer,

4

individually, and as Personal Representative of the Estate

5

of David J. Hoyer, M.D., deceased, whose demise was due in

6

part to negligence on the part of the Sheriff of Collier

7

County; providing a limitation on the payment of fees and

8

costs; 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 January

13

6, 2001, as a result of the manual strangulation and injuries

14

inflicted on him by inmate Patten, and

15

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

16

for the David Lawrence Center, a not-for-profit mental health

17

center located in Collier County, had been appointed by the State

18

of Florida to perform a forensic mental health evaluation to

19

determine whether inmate Patten was competent to stand trial on

20

charges of carjacking, kidnapping, and robbery, and

21

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

22

the inmate, who suffered from delusions and had been a chronic

23

problem at the jail; there were no guards posted inside or

24

outside the room maintaining visual observation of Dr. Hoyer and

25

the inmate; and there were no other safeguards to protect Dr.

26

Hoyer, no handcuffs or restraints of any sort on inmate Patten,

27

and no other monitoring of the interview room, and

28

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

29

individually, and as Personal Representative of the Estate of

30

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

31

Collier County, and

32

     WHEREAS, the matter was removed to the United States

33

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

34

and litigated, and, after a 5-day jury trial, a verdict was

35

returned on May 10, 2005, in the amount of $2,650,260, and

36

     WHEREAS, Sheriff Hunter was found to be 50-percent

37

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

38

     WHEREAS, a judgment in the civil case was entered on May 16,

39

2005, in the amount of $1,325,130, and an order on taxation of

40

costs was entered on June 21, 2005, in the amount of $3,912.44,

41

making a total judgment in favor of Mrs. Hoyer in the amount of

42

$1,329,042.44, and

43

     WHEREAS, after the sheriff has paid the statutory limit of

44

$200,000 under s. 768.28, Florida Statutes, the remaining amount

45

of the judgment will be $1,129,042.44, and

46

     WHEREAS, a motion for new trial was denied on July 18, 2005,

47

and

48

     WHEREAS, the Office of the Sheriff of Collier County has

49

insurance coverage in the amount of $3.1 million, which could be

50

used to satisfy the judgment that has been awarded in this

51

matter, NOW, THEREFORE,

52

53

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

54

55

     Section 1. The facts stated in the preamble to this act are

56

found and declared to be true.

57

     Section 2. The Sheriff of Collier County is authorized and

58

directed to appropriate from funds of the sheriff's office not

59

otherwise appropriated and to draw a warrant payable to J. Rae

60

Hoyer, individually, and as Personal Representative of the Estate

61

of David J. Hoyer, M.D., for the total amount of $1,129,042.44,

62

for injuries and damages sustained due to the death of David J.

63

Hoyer.

64

     Section 3. This award is intended to provide the sole

65

compensation for all present and future claims arising out of the

66

factual situation that resulted in the death of David J. Hoyer as

67

described in this act. The total amount paid for attorney's fees,

68

lobbying fees, costs, and other similar expenses relating to this

69

claim may not exceed 25 percent of the amount awarded under this

70

act.

71

     Section 4.  This act shall take effect upon becoming a law.