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.