Florida Senate - 2013 SB 32 By Senator Flores 37-00031-13 201332__ 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 nonthreatening 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 are 84 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 to 94 s. 768.28, Florida Statutes, and the amount awarded under this 95 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.