House Bill hb0363

    Florida House of Representatives - 2002                 HB 363

        By Representative Fields






  1                      A bill to be entitled

  2         An act relating to the City of Belle Glade;

  3         providing for the relief of Willie Police, III,

  4         Cora Donaldson, Willie Police, Sr., and the

  5         Estate of Willie Police, Jr.; authorizing and

  6         directing the City of Belle Glade to compensate

  7         them for injuries suffered as a result of the

  8         death of Willie Police, Jr., due to the

  9         negligence of employees of the city; providing

10         an effective date.

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12         WHEREAS, on February 13, 1993, Willie Police, Jr., who

13  was 17 years of age, and a friend attended a dance that was

14  being held at the Civic Center in Belle Glade, and

15         WHEREAS, while the two friends were standing in the

16  parking lot after the dance, a disturbance began as a result

17  of which both Willie Police and his friend were shot, and

18  Willie died at the scene, and

19         WHEREAS, the group that sponsored the dance allegedly

20  did not have permission to use the civic center and had broken

21  into the center that night and held the party without the

22  permission of the city, and

23         WHEREAS, 1 week before the dance, the group had passed

24  out flyers inviting the public to the event, and

25         WHEREAS, police were called to the scene because of the

26  noise created by the party, and, although police officers did

27  respond to the call and go to the party, they did not check to

28  see whether the group was legitimately using the civic center

29  and they did not speak to any person in charge, nor did they

30  check to see whether there was any security provided for the

31  party, and

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    Florida House of Representatives - 2002                 HB 363

    760-108-02






  1         WHEREAS, at a jury trial held in Palm Beach County in

  2  April 1997, the testimony of city officials and the police

  3  revealed that any time a party is held at the civic center

  4  security is to be provided by either the city or the person

  5  who gives the party, and

  6         WHEREAS, the testimony further showed that such a party

  7  is always recorded on the books of the city, and the city then

  8  informs the police department of the party, and

  9         WHEREAS, the Belle Glade Police Department never

10  checked with the city nor with anyone else about this party,

11  even after noise complaints were registered, and, if they had

12  checked, they would have shut down the party because it was

13  not a scheduled event and there was no security, and

14         WHEREAS, the jury in this case issued a comparative

15  negligence verdict, finding the negligence of the City of

16  Belle Glade 95 percent responsible for the death of Willie

17  Police, Jr., and Willie Police, Jr., 5 percent responsible for

18  his own death, and assessed $481,648.10 in total damages, and

19         WHEREAS, in 1999, the Fourth District Court of Appeal

20  upheld the judgment of the circuit court in denying the city's

21  directed verdict motion and held that the verdicts reached in

22  the case were not excessive, and

23         WHEREAS, the case was appealed to the Florida Supreme

24  court, which declined to accept jurisdiction, and

25         WHEREAS, at the time of his death, Willie Police, Jr.,

26  was the father of a 3-year-old son, Willie Police, III, who

27  has been deprived of the support and companionship of his

28  father, and

29         WHEREAS, Willie Police, Jr.'s, parents, Cora Donaldson

30  and Willie Police, Sr., have been deprived of the services and

31  companionship of their son, NOW, THEREFORE,

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    Florida House of Representatives - 2002                 HB 363

    760-108-02






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

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

  4  act are found and declared to be true.

  5         Section 2.  The City of Belle Glade is authorized and

  6  directed to compensate Willie Police, III, Cora Donaldson,

  7  Willie Police, Sr., and the Estate of Willie Police, Jr., out

  8  of funds of the city not otherwise appropriated, in the amount

  9  of $381,649.10 for injuries and damages sustained as a result

10  of the death of Willie Police, Jr.

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

12  law.

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