Bill Text: FL S0032 | 2018 | Regular Session | Introduced


Bill Title: Relief of Reginald Jackson by the City of Lakeland

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-08-28 - Referred to Special Master on Claim Bills; Judiciary; Governmental Oversight and Accountability; Rules [S0032 Detail]

Download: Florida-2018-S0032-Introduced.html
       Florida Senate - 2018                              (NP)    SB 32
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00221-18                                             201832__
    1                        A bill to be entitled                      
    2         An act for the relief of Reginald Jackson by the City
    3         of Lakeland; providing an appropriation to compensate
    4         Reginald Jackson for injuries and damages sustained as
    5         a result of the negligence of Mike Cochran, a police
    6         officer for the Lakeland Police Department; providing
    7         a limitation on the payment of attorney fees;
    8         providing an effective date.
    9  
   10         WHEREAS, on October 18, 2001, Officer Mike Cochran of the
   11  Lakeland Police Department negligently and carelessly shot
   12  Reginald Jackson, and
   13         WHEREAS, the incident began when Officer Cochran stopped
   14  Mr. Jackson for an invalid license tag after the officer had
   15  incorrectly typed the tag number into his computer, and
   16         WHEREAS, Officer Cochran then issued a citation to Mr.
   17  Jackson for transporting his girlfriend’s 18-month-old brother
   18  without a car seat and forbade Mr. Jackson from moving the
   19  vehicle without properly restraining the child, and
   20         WHEREAS, Mr. Jackson asked if Officer Cochran could 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 to observe Mr. Jackson drive
   26  away to a pay phone at the next block, and
   27         WHEREAS, while Mr. Jackson attempted to use a 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 and put it in reverse, then drove 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 then pumped his brakes
   35  twice, and the officer 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 seated next to an 18
   39  month-old child, 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 the injury, Mr. Jackson will
   44  suffer pain and be disabled for the rest of his life, and
   45         WHEREAS, a jury in the Circuit Court of the Tenth Judicial
   46  Circuit in and for Polk County awarded Mr. Jackson $412,500 in
   47  damages, and
   48         WHEREAS, due to the limits of s. 768.28, Florida Statutes,
   49  Mr. Jackson has collected only $100,000 of his judgment against
   50  the City of Lakeland, and the remainder may be recovered only
   51  through a claim bill approved by the Legislature, NOW,
   52  THEREFORE,
   53  
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. The facts stated in the preamble to this act are
   57  found and declared to be true.
   58         Section 2. The City of Lakeland is authorized and directed
   59  to appropriate from funds of the city not otherwise appropriated
   60  and to draw a warrant payable to Reginald Jackson for the sum of
   61  $312,500 as compensation for injuries and damages sustained.
   62         Section 3. The amount paid by the City of Lakeland pursuant
   63  to s. 768.28, Florida Statutes, and the amount awarded under
   64  this act are intended to provide the sole compensation for all
   65  present and future claims arising out of the factual situation
   66  resulting in the shooting of Reginald Jackson as described in
   67  this act. The total amount paid for attorney fees relating to
   68  this claim may not exceed 25 percent of the amount awarded under
   69  this act.
   70         Section 4. This act shall take effect upon becoming a law.

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