Florida Senate - 2015 CS for SB 78 By the Committee on Judiciary; and Senator Flores 590-03271-15 201578c1 1 A bill to be entitled 2 An act for the relief of Maricelly Lopez by the City 3 of North Miami; providing for an appropriation to 4 compensate Maricelly Lopez, individually and as 5 personal representative of the Estate of Omar Mieles, 6 for the wrongful death of her son, Omar Mieles, which 7 was due to the negligence of a police officer of the 8 City of North Miami; providing a limitation on the 9 payment of fees and costs; providing that the 10 appropriation settles all present and future claims 11 related to the death of Omar Mieles; providing an 12 effective date. 13 14 WHEREAS, on November 11, 2007, 18-year-old Omar Mieles was 15 a passenger in the back seat of a vehicle traveling eastbound on 16 NW 46th Street in North Miami, Florida, and 17 WHEREAS, at that time and place, Officer James Ray 18 Thompson, a police officer employed by the City of North Miami 19 Police Department, while in the course and scope of his duties 20 as a police officer, negligently drove a police department 21 vehicle at a high rate of speed and collided with the vehicle in 22 which Omar Mieles was a passenger, and 23 WHEREAS, as a direct result of the collision caused by 24 Officer Thompson’s negligence, Omar Mieles was thrown from the 25 rear window of the vehicle in which he was traveling, landed 35 26 feet from the vehicle, and died shortly thereafter from the 27 injuries he sustained, and 28 WHEREAS, the mother of Omar Mieles, Maricelly Lopez, has 29 endured continuous mental pain and suffering since the date of 30 her son’s death and seeks to recover damages, individually, for 31 loss of support, services, and companionship due to the death of 32 her son, and 33 WHEREAS, the Estate of Omar Mieles seeks to recover damages 34 for medical expenses, funeral expenses, loss of earnings, and 35 net accumulation of earnings, and 36 WHEREAS, on June 23, 2008, Maricelly Lopez, as personal 37 representative of the Estate of Omar Mieles and in her 38 individual capacity as mother of Omar Mieles, filed an action 39 against the City of North Miami in the Miami-Dade County Circuit 40 Court, styled Maricelly Lopez, Plaintiff, v. City of North 41 Miami, Defendants, Case No. 13-2008-CA-035955-0000-01, to 42 recover damages for the wrongful death of Omar Mieles as a 43 result of the negligence of a police officer of the City of 44 North Miami, and 45 WHEREAS, on March 19, 2010, the case was tried before a 46 jury that returned a verdict for damages against the City of 47 North Miami and in favor of Maricelly Lopez, as personal 48 representative of the Estate of Omar Mieles and in her 49 individual capacity as mother of Omar Mieles, in the amount of 50 $3,542,000, and 51 WHEREAS, the jury apportioned 50 percent of the 52 responsibility for the death of Omar Mieles to the City of North 53 Miami, and 50 percent to the driver of the vehicle in which Omar 54 Mieles was traveling as a passenger, and 55 WHEREAS, on April 21, 2010, a final judgment was entered 56 against the City of North Miami for $1,719,808.63, of which the 57 city has paid $108,571.30 pursuant to the statutory limits of 58 liability set forth in s. 768.28, Florida Statutes, and 59 WHEREAS, on March 24, 2015, the City of North Miami passed 60 a resolution unanimously authorizing the settlement of the claim 61 for $200,000, and supporting the passage of a claim bill in that 62 amount for Maricelly Lopez, individually and as personal 63 representative of Omar Mieles, and 64 WHEREAS, the City of North Miami and Maricelly Lopez have 65 agreed to settle the claim for $200,000, NOW, THEREFORE, 66 67 Be It Enacted by the Legislature of the State of Florida: 68 69 Section 1. The facts stated in the preamble to this act are 70 found and declared to be true. 71 Section 2. The City of North Miami is authorized and 72 directed to appropriate from funds of the city not otherwise 73 appropriated and to draw a warrant in the amount of $200,000.00, 74 payable to Maricelly Lopez, individually and as personal 75 representative of the Estate of Omar Mieles, as compensation for 76 the death of her son due to the negligence of a police officer 77 of the City of North Miami. 78 Section 3. The total amount paid for attorney fees, 79 lobbying fees, costs, and other similar expenses relating to 80 this claim may not exceed 25 percent of the amount awarded under 81 this act. 82 Section 4. The amount paid by the City of North Miami 83 pursuant to s. 768.28, Florida Statutes, and the amount awarded 84 under this act are intended to provide the sole compensation for 85 all present and future claims arising out of the factual 86 situation described in this act which resulted in the death of 87 Omar Mieles. 88 Section 5. This act shall take effect upon becoming a law.