HB 985

1	A bill to be entitled
2	An act for the relief of Maricelly Lopez by the City
3	of North Miami; providing for an appropriation to
4	compensate Maricelly Lopez, individually and as
5	personal representative of the Estate of Omar Mieles,
6	for the wrongful death of her son, Omar Mieles, which
7	was due to the negligence of a police officer of the
8	City of North Miami; providing a limitation on the
9	payment of fees and costs; providing an effective
10	date.
11
12	WHEREAS, on November 11, 2007, 18-year-old Omar Mieles was
13	a passenger in the backseat of a vehicle traveling eastbound on
14	NW 46th Street in North Miami, and
15	WHEREAS, Officer James Ray Thompson, a police officer
16	employed by the City of North Miami Police Department, while in
17	the course and scope of his duties as a police officer,
18	negligently drove a North Miami police vehicle at a high rate of
19	speed and collided with the vehicle in which Omar Mieles was a
20	passenger at the intersection of NW 46th Street and 7th Avenue,
21	and
22	WHEREAS, Omar Mieles was thrown from the rear window of the
23	vehicle in which he was traveling, landed 35 feet from the
24	vehicle, and died shortly thereafter from the injuries sustained
25	as a direct result of the incident and Officer Thompson's
26	negligence, and
27	WHEREAS, the mother of Omar Mieles, Maricelly Lopez, seeks
28	to recover damages, individually, for the loss of support,
29	services, and companionship due to the death of her son, and
30	WHEREAS, Maricelly Lopez has endured mental pain and
31	suffering since the date of her son's death and will continue to
32	suffer such losses in the future, and
33	WHEREAS, the Estate of Omar Mieles seeks to recover damages
34	for medical expenses, funeral expenses, loss of earnings, and
35	net accumulation of earnings, and
36	WHEREAS, on March 19, 2010, this case was tried before a
37	jury that returned a verdict for damages against the City of
38	North Miami and in favor of Maricelly Lopez, as personal
39	representative of the Estate of Omar Mieles and in her
40	individual capacity as mother of Omar Mieles, in the amount of
41	$3,542,000, and
42	WHEREAS, the jury apportioned 50 percent of the
43	responsibility for the death of Omar Mieles to the City of North
44	Miami, and the remaining 50 percent to the driver of the vehicle
45	in which Omar Mieles was traveling as a passenger, and
46	WHEREAS, a final judgment was entered against the City of
47	North Miami for $1,719,808.63, against which the city has paid
48	$108,571.30, leaving a balance of $1,611,237.33 for which
49	Maricelly Lopez seeks satisfaction, NOW, THEREFORE,
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  The facts stated in the preamble to this act
54	are found and declared to be true.
55	Section 2.  The City of North Miami is authorized and
56	directed to appropriate from funds of the city not otherwise
57	appropriated and to draw a warrant in the amount of
58	$1,611,237.33, payable to Maricelly Lopez, individually and as
59	personal representative of the Estate of Omar Mieles, as
60	compensation for the death of her son due to the negligence of a
61	police officer of the City of North Miami.
62	Section 3.  The amount paid by the City of North Miami
63	pursuant to s. 768.28, Florida Statutes, and this award are
64	intended to provide the sole compensation for all present and
65	future claims arising out of the factual situation described in
66	this act which resulted in the death of Omar Mieles. The total
67	amount paid for attorney fees, lobbying fees, costs, and other
68	similar expenses relating to this claim may not exceed 25
69	percent of the amount awarded under this act.
70	Section 4.  This act shall take effect upon becoming a law.

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