HB 969

1	A bill to be entitled
2	An act for the relief of Melvin and Alma Colindres by
3	the City of Miami; providing for an appropriation to
4	compensate them for the wrongful death of their son,
5	Kevin Colindres, sustained as a result of the
6	negligence of police officers of the City of Miami;
7	providing a limitation on the payment of fees and
8	costs; providing an effective date.
9
10	WHEREAS, on December 12, 2006, Melvin and Alma Colindres
11	called the City of Miami police department seeking help with
12	their severely autistic and intellectually disabled son, Kevin
13	Colindres, and
14	WHEREAS, the police officers who arrived at the Colindres'
15	home were supposed to have been trained on interaction with and
16	restraint of the mentally ill, such as Kevin Colindres, along
17	with appropriate monitoring of an in-custody suspect's vital
18	signs and the administration of cardiopulmonary resuscitation
19	(CPR), and
20	WHEREAS, at the time of the first police officer's arrival
21	to the Colindres' home, Kevin Colindres was calmly seated on the
22	couch in the living room, and
23	WHEREAS, the initial police officer who arrived at the
24	Colindres house followed her training and the City of Miami's
25	policies and procedures and approached Kevin Colindres in a
26	quiet and non-threatening manner and the situation remained
27	stable, and
28	WHEREAS, the backup police officers violated their training
29	and the City of Miami's policies and procedures by aggressively
30	approaching Kevin Colindres, causing Kevin Colindres to attempt
31	to leave the room, and
32	WHEREAS, the police officers then placed Kevin Colindres
33	into custody, handcuffing him behind the back and taking him out
34	of the house, where the police officers placed him prone on the
35	ground and applied a hobble restraint to his ankles, and
36	WHEREAS, in violation of their training and the City of
37	Miami's policies and procedures, the police officers left Kevin
38	Colindres prone on the ground and applied weight to his back,
39	and
40	WHEREAS, in violation of their training and the City of
41	Miami's policies and procedures, the police officers left Kevin
42	Colindres in this position in excess of 10 minutes, and
43	WHEREAS, in violation of their training and the City of
44	Miami's policies and procedures, the police officers failed to
45	appropriately check Kevin Colindres' vital signs, and
46	WHEREAS, in violation of their training and the City of
47	Miami's policies and procedures, upon realizing that Kevin
48	Colindres had stopped breathing, the police officers failed to
49	administer CPR, and
50	WHEREAS, in violation of their training and the City of
51	Miami's policies and procedures, the police officers failed to
52	advise the fire rescue department of the urgency of the matter,
53	thereby delaying the response by fire rescue personnel, and
54	WHEREAS, Kevin Colindres asphyxiated, causing him to suffer
55	anoxic encephalopathy, and
56	WHEREAS, on January 5, 2007, Kevin Colindres died as a
57	result of his injuries, and
58	WHEREAS, the police officers of the City of Miami were
59	negligent in their actions, which directly resulted in the death
60	of Kevin Colindres, and
61	WHEREAS, a tort claim was filed on behalf of Melvin and
62	Alma Colindres, as personal representatives of the Estate of
63	Kevin Colindres, Case Number 07-13294 CA 01, in the Circuit
64	Court for the Eleventh Judicial Circuit, and
65	WHEREAS, the City of Miami filed a Motion for Arbitration
66	that was granted by the court, and
67	WHEREAS, an arbitration was held and the arbitrator awarded
68	the Estate of Kevin Colindres $2,750,000, and
69	WHEREAS, the City of Miami chose not to seek a de novo
70	trial, and
71	WHEREAS, the court granted final judgment in favor of the
72	Estate of Kevin Colindres in the amount of $2,750,000, plus
73	interest at the rate of 6 percent per annum, and
74	WHEREAS, the City of Miami has agreed to pay $200,000 to
75	Melvin and Alma Colindres, as personal representatives of Estate
76	of Kevin Colindres, pursuant to its statutory limits of
77	liability, and
78	WHEREAS, the City of Miami has a private insurance policy
79	to pay all claims in excess of $500,000, NOW, THEREFORE,
80
81	Be It Enacted by the Legislature of the State of Florida:
82
83	Section 1.  The facts stated in the preamble to this act
84	are found and declared to be true.
85	Section 2.  The City of Miami is authorized and directed to
86	appropriate $2,550,000 from funds of the city not otherwise
87	appropriated, as well as insurance, and to draw a warrant in the
88	sum of $2,550,000, plus interest at the rate of 6 percent per
89	annum, payable to Melvin and Alma Colindres, as personal
90	representatives of the Estate of Kevin Colindres, as
91	compensation for the wrongful death of Kevin Colindres due to
92	negligence by police officers of the City of Miami.
93	Section 3.  The amount paid by the City of Miami pursuant
94	to s. 768.28, Florida Statutes, and the amount awarded under
95	this act are intended to provide the sole compensation for all
96	present and future claims arising out of the factual situation
97	described in this act which resulted in the death of Kevin
98	Colindres. The total amount paid for attorney fees, lobbying
99	fees, costs, and other similar expenses relating to this claim
100	may not exceed 25 percent of the total amount awarded under this
101	act.
102	Section 4.  This act shall take effect upon becoming a law.

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