Bill Text: FL S0066 | 2010 | Regular Session | Introduced

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Bill Title: Relief/Reginald Jackson/City of Lakeland

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0066 Detail]

Download: Florida-2010-S0066-Introduced.html

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Florida Senate - 2010                              (NP)    SB 66 
 
By Senator Smith 
29-00218-10                                             201066__ 
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         result of the negligence of Mike Cochran, a police 
6         officer for the Lakeland Police Department; providing 
7         a limitation on the payment of fees and costs; 
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 Mr. 
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 forward without pressing 
32  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 seated next to him, and 
40         WHEREAS, after the shooting, the police transported the 
41  child in a marked vehicle without a child safety seat to the 
42  police station, and 
43         WHEREAS, as the result of the injury, Mr. Jackson will 
44  suffer pain and will be disabled for the rest of his life, and 
45         WHEREAS, a jury in the Circuit for the 10th Judicial 
46  Circuit awarded Mr. Jackson $412,500 in damages, and 
47         WHEREAS, due to the limits of s. 768.28, Florida Statutes, 
48  Mr. Jackson has collected only $100,000 of his judgment against 
49  the City of Lakeland and the remainder may be recovered only 
50  through a claim bill approved by the Legislature, NOW, 
51  THEREFORE, 
52 
53  Be It Enacted by the Legislature of the State of Florida: 
54 
55         Section 1. The facts stated in the preamble to this act are 
56  found and declared to be true. 
57         Section 2. The City of Lakeland is authorized and directed 
58  to appropriate from funds of the city not otherwise appropriated 
59  and to draw a warrant payable to Reginald Jackson for the sum of 
60  $312,500 as compensation for injuries and damages sustained. 
61         Section 3. The amount paid by the City of Lakeland pursuant 
62  to s. 768.28, Florida Statutes, and the amount awarded under 
63  this act are intended to provide the sole compensation for all 
64  present and future claims arising out of the factual situation 
65  resulting in the shooting of Reginald Jackson as described in 
66  this act. The total amount paid for attorney’s fees, lobbying 
67  fees, costs, and other similar expenses relating to this claim 
68  may not exceed 25 percent of the amount awarded under this act. 
69         Section 4. This act shall take effect upon becoming a law.