Florida Senate - 2009                     (Reformatted)    SB 66
       
       
       
       By Senator Lawson
       
       
       
       
       6-00164A-09                                             200966__
    1                        A bill to be entitled                      
    2         An act for the relief of Irving Hoffman and Marjorie
    3         Weiss, parents of Rachel Hoffman, by the City of
    4         Tallahassee; providing for an appropriation to
    5         compensate Irving Hoffman and Marjorie Weiss,
    6         individually and as co-personal representatives of the
    7         Estate of Rachel Hoffman, for the wrongful death of
    8         Rachel Hoffman, which was allegedly due to the
    9         negligence of the Tallahassee Police Department;
   10         providing a limitation on the payment of fees and
   11         costs; providing an effective date.
   12  
   13         WHEREAS, Rachel Hoffman was the only child of Irving
   14  Hoffman and Margie Weiss, and
   15         WHEREAS, Rachel Hoffman was 23 years old, a recent graduate
   16  of Florida State University, and living in Tallahassee, Florida,
   17  and
   18         WHEREAS, Rachel Hoffman was in a drug court intervention
   19  program and represented by counsel, and
   20         WHEREAS, on April 17, 2008, the Tallahassee Police
   21  Department conducted a search of Rachel Hoffman's apartment and
   22  found approximately 70 grams of marijuana and six nonprescribed
   23  pills and at that time advised her that she was facing serious
   24  felony charges and prison time of 1 to 4 years or that she could
   25  “make all of the charges go away,” by serving as a confidential
   26  informant, and
   27         WHEREAS, Rachel agreed to become a confidential drug
   28  informant for the Tallahassee Police Department without advice
   29  of counsel because she was told not to tell anyone, and
   30         WHEREAS, the Tallahassee Police Department violated its own
   31  policies and procedures by not advising the state attorney's
   32  office and the drug court of what it had found in Rachel
   33  Hoffman's apartment, and
   34         WHEREAS, if the Tallahassee Police Department had advised
   35  the state attorney's office of its findings, Rachel Hoffman
   36  would not have been allowed to participate in the Tallahassee
   37  Police Department's confidential informant program because such
   38  participation would violate the terms of the drug court
   39  contract, and
   40         WHEREAS, the Tallahassee Police Department developed a plan
   41  whereby Rachel Hoffman would purchase 1,500 MDMA pills, also
   42  known as ecstasy, 3 ounces of cocaine, and a weapon from Andrea
   43  Green and Daneilo Bradshaw whom Rachel Hoffman did not have any
   44  previous contact or dealings with, and
   45         WHEREAS, Rachel Hoffman had never purchased cocaine, did
   46  not have a history of dealing in cocaine, and did not have any
   47  experience with a weapon, and
   48         WHEREAS, Forest Meadows Park is a popular, highly
   49  frequented public park where families and children congregate,
   50  and
   51         WHEREAS, as Rachel Hoffman approached Forest Meadows Park
   52  in her vehicle at approximately 6:40 p.m. on the evening of May
   53  7, 2008, Andrea Green and Daneilo Bradshaw changed the meeting
   54  location from the park to a nearby plant nursery parking lot
   55  north of the park on Meridian Road, and
   56         WHEREAS, the meeting location was changed again, reportedly
   57  to the dead end at Gardner Road, a remote location further north
   58  on Meridian Road, and
   59         WHEREAS, the Tallahassee Police Department knew within 5
   60  minutes that the meeting location had twice been changed from
   61  the designated location by Andrea Green and Daneilo Bradshaw,
   62  and
   63         WHERAS, after learning that Rachel Hoffman was driving to
   64  meet Green and Bradshaw at the dead end at Gardner Road, the
   65  Tallahassee Police Department lost visual sight and all
   66  communication with Rachel Hoffman and did not go to the location
   67  to make the arrests or immediately intervene on behalf of its
   68  confidential informant even though the surveillance team was
   69  only a short distance from the Gardner Road location, and
   70         WHEREAS, by the time law enforcement personnel arrived at
   71  the Gardner Road location, Rachel Hoffman, Andrea Green, and
   72  Daneilo Bradshaw were all gone, and the only recorded evidence
   73  were one flip-flop sandal, two live .25 rounds, one spent .25
   74  caliber round, and tire marks, and
   75         WHEREAS, hours later Rachel Hoffman's cell phone was found
   76  in a ditch miles away from the Gardner Road location, and
   77         WHEREAS, at approximately 2 a.m. on May 8, 2008, Sgt. Odom
   78  of the Tallahassee Police Department called Margie Weiss, the
   79  mother of Rachel Hoffman, and Irving Hoffman, the father, and
   80  advised them that their daughter was missing, but he did not
   81  provide any further information, and
   82         WHEREAS, when Irving Hoffman and Margie Weiss arrived later
   83  that afternoon at the Tallahassee police station after driving
   84  from their homes in Pinellas County, Florida, they were met by
   85  the Chief of the Tallahassee Police Department and other city
   86  officials and told simply that their daughter was missing but
   87  that there was not any other information available regarding the
   88  reason their daughter was missing, and
   89         WHEREAS, it was not until 2 days later, on May 9, 2008,
   90  that Rachel Hoffman's body was found near Perry, Florida,
   91  approximately 50 miles away and was shot multiple times by the
   92  gun the Tallahassee Police Department required her to purchase,
   93  and
   94         WHEREAS, upon the discovery of Rachel Hoffman's body, the
   95  Chief and Public Information Officer of the Tallahassee Police
   96  Department appeared before the media and blamed Rachel Hoffman
   97  for her death, and while watching television, Irving Hoffman and
   98  Margie Weiss learned for the first time that their daughter had
   99  been missing and was killed while serving the Tallahassee Police
  100  Department in an undercover capacity,
  101         WHEREAS, the Tallahassee Police Department committed
  102  multiple acts of negligence in the recruitment of Rachel
  103  Hoffman, the planning of the controlled buy, and the execution
  104  thereof, and
  105         WHEREAS, on August 1, 2008, a Leon County grand jury found
  106  the command staff of the Tallahassee Police Department was
  107  negligent in its supervision, review, and execution of the
  108  planned buy for controlled drug and weapons, and stated that it
  109  was “an unconscionable decision that cost Ms. Hoffman her life,”
  110  and
  111         WHEREAS, Rachel Hoffman's death was a shocking and
  112  devastating loss to her parents who are in states of
  113  pathological grief over the death of their only child, NOW,
  114  THEREFORE,
  115  
  116  Be It Enacted by the Legislature of the State of Florida:
  117         
  118         Section 1. City of Tallahassee is authorized and directed
  119  to appropriate from funds of the city not otherwise appropriated
  120  and to draw a warrant in the sum of $    , payable to Irving
  121  Hoffman and Marjorie Weiss, individually and as co-personal
  122  representatives of the Estate of Rachel Hoffman, deceased, as
  123  compensation for the death of their daughter, Rachel Hoffman.
  124         Section 2. This award is intended to provide the sole
  125  compensation for all present and future claims arising out of
  126  the factual situation described in this act which resulted in
  127  the death of Rachel Hoffman. The total amount paid for
  128  attorney's fees, lobbying fees, costs, and other similar
  129  expenses relating to this claim may not exceed 25 percent of the
  130  amount awarded under this act.
  131         Section 3. This act shall take effect upon becoming a law.