Florida Senate - 2013                                      SB 48
       By Senator Margolis
       35-00043-13                                             201348__
    1                        A bill to be entitled                      
    2         An act for the relief of Reginald Jackson by the City
    3         of Lakeland; providing for an appropriation to
    4         compensate him for injuries and damages sustained as a
    5         result of the negligence of an employee of the
    6         Lakeland Police Department; providing an effective
    7         date.
    9         WHEREAS, on October 18, 2001, Officer Mike Cochran, a
   10  police officer with the Lakeland Police Department of the City
   11  of Lakeland, stopped Reginald Jackson for an invalid license
   12  plate after the officer had incorrectly typed the tag number
   13  into his computer, and
   14         WHEREAS, upon stopping Mr. Jackson, Officer Cochran
   15  discovered that Mr. Jackson was illegally transporting his
   16  girlfriend’s 18-month-old brother without a car seat, issued a
   17  citation for such violation, and forbade Mr. Jackson from
   18  further moving the vehicle without properly restraining the
   19  child, and
   20         WHEREAS, Mr. Jackson requested Officer Cochran to escort
   21  his vehicle to his home a short distance away, but the officer
   22  refused and directed Mr. Jackson to call someone to bring a car
   23  seat for the child, and
   24         WHEREAS, Officer Cochran then positioned himself in an
   25  alley parallel to the initial stop and observed Mr. Jackson
   26  drive to a pay phone in the next block, and
   27         WHEREAS, while Mr. Jackson attempted to use the pay phone,
   28  Officer Cochran approached him and told him that he was under
   29  arrest for disobeying a law enforcement officer, and
   30         WHEREAS, Mr. Jackson was startled by the officer and ran to
   31  his vehicle, put it in reverse, and then forward without
   32  pressing the gas pedal, and
   33         WHEREAS, Officer Cochran told Mr. Jackson to stop the
   34  vehicle or he would shoot, Mr. Jackson pumped his brakes twice,
   35  and the officer then fired a .45 caliber bullet through the
   36  windshield which struck Mr. Jackson in the neck and exited
   37  through his back, and
   38         WHEREAS, Mr. Jackson was unarmed and had an 18-month-old
   39  child seated next to him, and
   40         WHEREAS, after the shooting, the police transported the
   41  child to the police station in a marked vehicle without a child
   42  safety seat, and
   43         WHEREAS, as the result of gunshot wound, Mr. Jackson will
   44  suffer pain and will be disabled for the rest of his life, and
   45         WHEREAS, as the result of the carelessness and negligence
   46  of Officer Cochran, a jury in the circuit court for the 10th
   47  Judicial Circuit awarded Reginald Jackson $412,500 in damages,
   48  and
   49         WHEREAS, due to the limits of liability set forth in s.
   50  768.28, Florida Statutes, Reginald Jackson is able to collect
   51  only $100,000 of his judgment against the City of Lakeland and
   52  the remainder may be recovered only through a claim bill
   53  approved by the Legislature, NOW, THEREFORE,
   55  Be It Enacted by the Legislature of the State of Florida:
   57         Section 1. The facts stated in the preamble to this act are
   58  found and declared to be true.
   59         Section 2. The City of Lakeland is authorized and directed
   60  to appropriate from funds of the city not otherwise appropriated
   61  and to draw a warrant in the sum of $312,500 payable, to
   62  Reginald Jackson as compensation for injuries and damages
   63  sustained.
   64         Section 3. The amount paid by the City of Lakeland pursuant
   65  to s. 768.28, Florida Statutes, and the amount awarded under
   66  this act are intended to provide the sole compensation for all
   67  present and future claims arising out of the factual situation
   68  described in this act which resulted in injuries and damages to
   69  Reginald Jackson. The total amount paid for attorney fees,
   70  lobbying fees, costs, and other similar expenses relating to
   71  this claim may not exceed 25 percent of the amount awarded under
   72  this act.
   73         Section 4. This act shall take effect upon becoming a law.