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.