HB 1443

1	A bill to be entitled
2	An act for the relief of Maricelly Lopez by the City of
3	North Miami; providing for an appropriation to compensate
4	Maricelly Lopez, individually and as personal
5	representative of the Estate of Omar Mieles, for the
6	wrongful death of her son, Omar Mieles, which was due to
7	the negligence of a police officer of the City of North
8	Miami; providing a limitation on the payment of fees and
9	costs; providing an effective date.
10
11	WHEREAS, on November 11, 2007, 18-year-old Omar Mieles was
12	a passenger in the back seat of a vehicle traveling eastbound on
13	NW 46th Street in North Miami, and
14	WHEREAS, Officer James Ray Thompson, a police officer
15	employed by the City of North Miami Police Department, while in
16	the course and scope of his duties as a police officer,
17	negligently drove a North Miami police vehicle at a high rate of
18	speed and collided with the vehicle in which Omar Mieles was a
19	passenger at the intersection of NW 46th Street and 7th Avenue,
20	and
21	WHEREAS, Omar Mieles was thrown from the rear window of the
22	vehicle in which he was traveling, landed 35 feet from the
23	vehicle, and died shortly thereafter from the injuries sustained
24	as a direct result of the incident and Officer Thompson's
25	negligence, and
26	WHEREAS, the mother of Omar Mieles, Maricelly Lopez, seeks
27	to recover damages, individually, for the loss of support,
28	services, and companionship due to the death of her son, and
29	WHEREAS, Maricelly Lopez has endured mental pain and
30	suffering since the date of her son's death and will continue to
31	suffer such losses in the future, and
32	WHEREAS, the Estate of Omar Mieles seeks to recover damages
33	for medical expenses, funeral expenses, loss of earnings, and
34	net accumulation of earnings, and
35	WHEREAS, on March 19, 2010, this case was tried before a
36	jury that returned a verdict for damages against the City of
37	North Miami and in favor of Maricelly Lopez, as personal
38	representative of the Estate of Omar Mieles and in her
39	individual capacity as mother of Omar Mieles, in the amount of
40	$3,542,000, and
41	WHEREAS, the jury determined that the City of North Miami
42	is liable for $1,719,808 of the damages due to the negligence of
43	Officer Thompson, of which the city had paid $108,571, leaving a
44	balance of $1,611,237 for which Maricelly Lopez seeks
45	satisfaction, NOW, THEREFORE,
46
47	Be It Enacted by the Legislature of the State of Florida:
48
49	Section 1.  The facts stated in the preamble to this act
50	are found and declared to be true.
51	Section 2.  The City of North Miami is authorized and
52	directed to appropriate from funds of the city not otherwise
53	appropriated and to draw a warrant in the amount of $1,611,237,
54	payable to Maricelly Lopez, individually and as personal
55	representative of the Estate of Omar Mieles, as compensation for
56	the death of her son due to the negligence of a police officer
57	of the City of North Miami.
58	Section 3.  The amount paid by the City of North Miami
59	pursuant to s. 768.28, Florida Statutes, and this award are
60	intended to provide the sole compensation for all present and
61	future claims arising out of the factual situation described in
62	this act which resulted in the death of Omar Mieles. The total
63	amount paid for attorney's fees, lobbying fees, costs, and other
64	similar expenses relating to this claim may not exceed 25
65	percent of the amount awarded under this act.
66	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.