House Bill hb0059

    Florida House of Representatives - 2002                  HB 59

        By Representative Bendross-Mindingall






  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Jack Brett Lemonik; providing

  4         for an appropriation to compensate Jack Brett

  5         Lemonik for injuries sustained as a result of

  6         the actions of Miami-Dade County employees;

  7         providing an effective date.

  8

  9         WHEREAS, on March 6, 1988, Jack Brett Lemonik was one

10  of several hundred passengers waiting to board a flight that

11  was scheduled to depart from the Miami International Airport,

12  and

13         WHEREAS, the crowd of proposed and intended passengers

14  for the flight consisted of such an excessive number of people

15  that the Metro-Dade Police Department had stationed three

16  uniformed officers at the departure gate, and

17         WHEREAS, the crowd became unruly, and, since there were

18  no signs or barriers to prevent him from doing so, Jack Brett

19  Lemonik walked between the counter where the airline personnel

20  stood while servicing passengers and the wall to the rear of

21  the counter, and

22         WHEREAS, without warning, a Metro-Dade County police

23  officer lunged at Jack Brett Lemonik, and the two of them

24  subsequently came into contact with two airline employees, and

25         WHEREAS, without provocation or legal justification,

26  another Metro-Dade County police officer also lunged at Jack

27  Brett Lemonik, knocking him to the floor, and

28         WHEREAS, the Metro-Dade County police officers falsely

29  accused Jack Brett Lemonik of willfully pushing both of the

30  airline employees and of deliberately swinging his arms at one

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    Florida House of Representatives - 2002                  HB 59

    749-113-02






  1  of the officers and resisting the two officers' efforts to

  2  arrest him, and

  3         WHEREAS, the police officers thereafter falsely

  4  arrested Jack Brett Lemonik and caused the Miami-Dade County

  5  prosecuting authorities to initiate criminal prosecution

  6  against him, and

  7         WHEREAS, Jack Brett Lemonik subsequently brought a

  8  legal action in the circuit court of the 11th Judicial Circuit

  9  against Miami-Dade County and the police officers who violated

10  his rights, and the jury returned a verdict in favor of Jack

11  Brett Lemonik in the amount of $400,000, and

12         WHEREAS, Miami-Dade County has paid $100,000 to Jack

13  Brett Lemonik, in accordance with the limits set forth in

14  section 768.28, Florida Statutes, leaving a balance due of

15  $300,000, NOW, THEREFORE,

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  The facts stated in the preamble to this

20  act are found and declared to be true.

21         Section 2.  Miami-Dade County is authorized and

22  directed to appropriate from funds of the county not otherwise

23  appropriated and to draw a warrant in the sum of $300,000

24  payable to Jack Brett Lemonik as compensation for injuries and

25  damages sustained.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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