HB 113

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 death was due in part to the negligence of
7	the Sheriff of Collier County; providing a limitation on
8	the payment of fees and costs; providing an effective
9	date.
10
11	WHEREAS, on January 6, 2001, David J. Hoyer M.D., died as a
12	result of the manual strangulation and injuries inflicted on him
13	3 days earlier by Rodriguez Patten, an inmate in the Collier
14	County Jail, and
15	WHEREAS, Dr. Hoyer was a 58-year-old psychiatrist who
16	worked for the David Lawrence Center, a not-for-profit mental
17	health center located in Collier County, and was appointed by
18	the State of Florida to conduct a forensic mental health
19	evaluation of inmate Patten's competence to stand trial on
20	charges of carjacking, kidnapping, and robbery, and
21	WHEREAS, the Collier County Sheriff's Office knew that
22	inmate Patten suffered from delusions and had been a chronic
23	problem at the jail, and
24	WHEREAS, the Collier County Sheriff's Office placed Dr.
25	Hoyer in a small interview room with the inmate, but did not
26	protect Dr. Hoyer's safety by posting guards inside or outside
27	the interview room to observe Dr. Hoyer and the inmate, and did
28	not monitor the room electronically or handcuff or restrain
29	inmate Patten in any manner, 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, after a 5-day jury trial, a verdict was returned on May 10,
37	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, for a total judgment in favor of Mrs. Hoyer in the
44	amount of $1,329,042.44, and
45	WHEREAS, the Office of the Sheriff of Collier County has
46	paid the statutory limit of $200,000 pursuant to s. 768.28,
47	Florida Statutes, and $1,129,042.44 remains unpaid, 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 can 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 amount of $1,129,042.44
64	for injuries and damages sustained due to the death of David J.
65	Hoyer.
66	Section 3.  The amount paid by the Office of the Sheriff of
67	Collier County pursuant to s. 768.28, Florida Statutes, and this
68	award are intended to provide the sole compensation for all
69	present and future claims arising out of the factual situation
70	that resulted in the death of David J. Hoyer as described in
71	this act. The total amount paid for attorney's fees, lobbying
72	fees, costs, and other similar expenses relating to this claim
73	may not exceed 25 percent of the amount awarded under this act.
74	Section 4.  This act shall take effect upon becoming a law.

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