HB 969

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


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