Florida Senate - 2019 (NP) SB 22 By Senator Rouson 19-00047-19 201922__ 1 A bill to be entitled 2 An act for the relief of Dylan Tompkins-Holmes by the 3 Pinellas County Sheriff’s Office; providing for an 4 appropriation to compensate him for personal injuries 5 and damages sustained as a result of the negligence of 6 the Pinellas County Sheriff’s Office; providing a 7 limitation on the payment of attorney fees; providing 8 an effective date. 9 10 WHEREAS, at approximately 3 a.m. on December 30, 2015, 11 Dylan Tompkins-Holmes, then 26 years of age, was riding as a 12 passenger in a 2013 Honda Civic driven by his girlfriend when 13 two Pinellas County Sheriff’s Office deputies pulled over the 14 vehicle for a welfare check, and 15 WHEREAS, Pinellas County Sheriff’s Office Deputy Timothy 16 Virden arrived on the scene as backup for the deputies who 17 initiated the welfare check and approached the passenger side of 18 the car, where Mr. Tompkins-Holmes was seated, and 19 WHEREAS, during the course of the welfare check, Deputy 20 Virden made the decision to arrest Mr. Tompkins-Holmes for 21 obstruction of justice, and 22 WHEREAS, during the course of the arrest, Deputy Virden 23 twice searched Mr. Tompkins-Holmes, finding no weapons or 24 contraband, and then handcuffed Mr. Tompkins-Holmes with his 25 hands behind his back and escorted him to his patrol vehicle, 26 and 27 WHEREAS, after Deputy Virden placed Mr. Tompkins-Holmes in 28 the back seat of his patrol vehicle, he twice shot Mr. Tompkins 29 Holmes, whose hands were still securely handcuffed behind his 30 back, and 31 WHEREAS, although the shooting was not captured on any 32 videotaping device, Deputy Virden acknowledges that he fired his 33 service weapon, striking Mr. Tompkins-Holmes, and 34 WHEREAS, as a result of the shooting, Mr. Tompkins-Holmes 35 was hospitalized for an extended period of time and required 36 three surgeries to his upper torso and left arm, and 37 WHEREAS, Mr. Tompkins-Holmes suffered scarring and 38 disfigurement from the bullet and surgical wounds, has been 39 diagnosed with depression and post-traumatic stress disorder, 40 and, for an extended period of time, was unable to work, and 41 WHEREAS, to date, the medical costs associated with Mr. 42 Tompkins-Holmes’ injuries total approximately $171,000, and 43 WHEREAS, Deputy Virden stipulates that, at the time of the 44 shooting, he was working within the course and scope of his 45 employment with the Pinellas County Sheriff’s Office, and 46 WHEREAS, Mr. Tompkins-Holmes filed suit against Robert 47 Gualtieri in his capacity as Sheriff of Pinellas County and the 48 parties reached a settlement agreement, as a result of which Mr. 49 Tompkins-Holmes received $200,000 pursuant to the sovereign 50 immunity limits of liability set forth in s. 768.28, Florida 51 Statutes, and 52 WHEREAS, Mr. Tompkins-Holmes also filed suit against Deputy 53 Virden individually, and the parties agreed that $750,000 is a 54 fair and reasonable measure of Mr. Tompkins-Holmes’ damages 55 based on the totality of his past and future economic and 56 noneconomic damages, and 57 WHEREAS, Deputy Virden entered into a stipulated motion for 58 entry of a final judgment against him related to any present or 59 future claims made by Mr. Tompkins-Holmes in connection with the 60 shooting, NOW, THEREFORE, 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. The facts stated in the preamble to this act are 65 found and declared to be true. 66 Section 2. The Pinellas County Sheriff’s Office is 67 authorized and directed to appropriate from funds not otherwise 68 encumbered and to draw a warrant in the sum of $750,000 payable 69 to Dylan Tompkins-Holmes as compensation for personal injuries 70 and damages sustained. 71 Section 3. The amount paid by the Pinellas County Sheriff’s 72 Office pursuant to s. 768.28, Florida Statutes, and the amount 73 awarded under this act are intended to provide the sole 74 compensation for all present and future claims arising out of 75 the factual situation described in this act which resulted in 76 personal injuries and damages to Dylan Tompkins-Holmes, and the 77 Pinellas County Sheriff’s Office and Deputy Timothy Virden are 78 hereby released from any further liability. The total amount 79 paid for attorney fees relating to this claim may not exceed 25 80 percent of the total amount awarded under this act. 81 Section 4. This act shall take effect upon becoming a law.