Senate Bill sb0078

    Florida Senate - 2002        (NP)                        SB 78

    By Senator Meek





    36-45A-02

  1                      A bill to be entitled

  2         An act relating to Miami-Dade County; providing

  3         for the relief of Jack Brett Lemonik;

  4         authorizing and directing Miami-Dade County to

  5         compensate Mr. Lemonik for injuries sustained

  6         as a result of the actions of county employees;

  7         providing an effective date.

  8

  9         WHEREAS, on March 6, 1988, Jack Brett Lemonik was one

10  of several hundred passengers waiting to board a flight that

11  was scheduled to depart from the Miami International Airport,

12  and

13         WHEREAS, the crowd of proposed and intended passengers

14  for the flight consisted of such an excessive number of people

15  that the Metro-Dade Police Department had stationed three

16  uniformed officers at the departure gate, and

17         WHEREAS, the crowd became unruly, and, since there were

18  no signs or barriers to prevent him from doing so, Mr. Lemonik

19  walked between the counter where the airline personnel stood

20  while servicing passengers and the wall to the rear of the

21  counter, and

22         WHEREAS, without warning, a Metro-Dade police officer

23  lunged at Mr. Lemonik, and the two of them subsequently came

24  into contact with two airline employees, and

25         WHEREAS, without provocation or legal justification,

26  another Metro-Dade police officer also lunged at Mr. Lemonik,

27  knocking him to the floor, and

28         WHEREAS, the Dade County officers falsely accused Mr.

29  Lemonik of willfully pushing both of the airline employees and

30  of deliberately swinging his arms at one of the officers and

31  resisting the two officers' efforts to arrest him, and

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    Florida Senate - 2002        (NP)                        SB 78
    36-45A-02




  1         WHEREAS, the police officers thereafter falsely

  2  arrested Mr. Lemonik and caused the Dade County prosecuting

  3  authorities to initiate criminal prosecution against him, and

  4         WHEREAS, Mr. Lemonik subsequently brought a legal

  5  action in the circuit court of the 11th Judicial Circuit

  6  against Metropolitan Dade County and the police officers who

  7  violated his rights, and the jury returned a verdict in favor

  8  of Mr. Lemonik in the amount of $400,000, and

  9         WHEREAS, after reductions made by the trial judge, a

10  judgment of $200,000 was entered in favor of Mr. Lemonik, and

11         WHEREAS, Miami-Dade County has paid $100,000 to Jack

12  Brett Lemonik, in accordance with the limits set forth in

13  section 768.28, Florida Statutes, leaving a balance due of

14  $100,000, NOW, THEREFORE,

15

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

17

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

19  act are found and declared to be true.

20         Section 2.  Miami-Dade County is authorized and

21  directed to compensate Jack Brett Lemonik in the amount of

22  $100,000, which amount includes statutory attorney's fees and

23  costs, out of funds of the county not otherwise appropriated,

24  for injuries and damages sustained by Mr. Lemonik due to the

25  actions of employees of the county.

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

27  law.

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