HB 1085

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 an appropriation to
4	compensate J. Rae Hoyer, individually, and as Personal
5	Representative of the Estate of David J. Hoyer, M.D.,
6	deceased, whose demise was due in part to the negligence
7	of the Sheriff of Collier County; providing a limitation
8	on the payment of fees and costs; providing an effective
9	date.
10
11	WHEREAS, on January 3, 2001, David J. Hoyer, M.D., was
12	strangled in the Collier County Jail by Rodriguez Patten, an
13	inmate at the jail, and Dr. Hoyer died on January 6, 2001, as a
14	result of the manual strangulation and injuries inflicted on him
15	by inmate Patten, and
16	WHEREAS, Dr. Hoyer, a 58-year-old psychiatrist who worked
17	for the David Lawrence Center, a not-for-profit mental health
18	center located in Collier County, had been appointed by the
19	State of Florida to conduct a forensic mental health evaluation
20	to determine whether inmate Patten was competent to stand trial
21	on charges of carjacking, kidnapping, and robbery, 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 inside
25	or outside the room maintaining visual observation of Dr. Hoyer
26	and the inmate and there was no other monitoring of the
27	interview room; there were no handcuffs or restraints of any
28	sort placed on inmate Patten; and there were no other safeguards
29	to protect Dr. Hoyer, and
30	WHEREAS, on July 3, 2002, Dr. Hoyer's widow, J. Rae Hoyer,
31	individually, and as Personal Representative of the Estate of
32	David J. Hoyer, filed suit against Don Hunter, as Sheriff of
33	Collier County, and
34	WHEREAS, the matter was removed to the United States
35	District Court, Middle District of Florida, Ft. Myers Division,
36	and litigated, and, after a 5-day jury trial, a verdict was
37	returned on May 10, 2005, in the amount of $2,650,260, and
38	WHEREAS, Sheriff Hunter was found to be 50 percent
39	comparatively at fault for causing Dr. Hoyer's death, and
40	WHEREAS, a judgment in the civil case was entered on May
41	16, 2005, in the amount of $1,325,130, and an order on taxation
42	of costs was entered on June 21, 2005, in the amount of
43	$3,912.44, making a total judgment in favor of Mrs. Hoyer in the
44	amount of $1,329,042.44, and
45	WHEREAS, after the sheriff has paid the statutory limit of
46	$200,000 under s. 768.28, Florida Statutes, the remaining amount
47	of the judgment will be $1,129,042.44, and
48	WHEREAS, a motion for new trial was denied on July 18,
49	2005, and
50	WHEREAS, the Office of the Sheriff of Collier County has
51	insurance coverage in the amount of $3.1 million, which could be
52	used to satisfy the judgment awarded in this matter, NOW,
53	THEREFORE,
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  The facts stated in the preamble to this act
58	are found and declared to be true.
59	Section 2.  The Sheriff of Collier County is authorized and
60	directed to appropriate from funds of the sheriff's office not
61	otherwise appropriated and to draw a warrant payable to J. Rae
62	Hoyer, individually, and as Personal Representative of the
63	Estate of David J. Hoyer, M.D., for the total amount of
64	$1,129,042.44 for injuries and damages sustained due to the
65	death of David J. Hoyer.
66	Section 3.  This award is intended to provide the sole
67	compensation for all present and future claims arising out of
68	the factual situation that resulted in the death of David J.
69	Hoyer as described in this act. The total amount paid for
70	attorney's fees, lobbying fees, costs, and other similar
71	expenses relating to this claim may not exceed 25 percent of the
72	amount awarded under this act.
73	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.