Florida 2023 Regular Session

Florida House Bill H6003 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act for the relief of Maury Hernandez; providing an 2
16	16	appropriation to compensate Maury Hernandez, a former 3
17	17	Broward County Sheriff's Office deputy, for injuries 4
18	18	and damages sustained as a consequence of the alleged 5
19	19	negligence of the Department of Corrections in the 6
20	20	course of his employment; providing legislative intent 7
21	21	that certain liens be waived; providing a limitation 8
22	22	on the payment of compensation and attorne y fees; 9
23	23	providing an effective date. 10
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25	25	WHEREAS, on August 6, 2007, Broward County Sheriff's Office 12
26	26	Deputy Maury Hernandez, then 28 years old, was operating a 13
27	27	vehicle assigned to him by the office within the office's 14
28	28	jurisdiction, and 15
29	29	WHEREAS, at approximately 11:45 a.m., Deputy Hernandez 16
30	30	observed David Maldonado as the operator of a motorcycle that 17
31	31	failed to stop at three traffic signals on Pembroke Road, and 18
32	32	WHEREAS, Deputy Hernandez followed Mr. Maldonado to a 19
33	33	location within the 3700 block of Pembr oke Road, where he 20
34	34	approached Mr. Maldonado, still on the motorcycle, identified 21
35	35	himself as a deputy sheriff, and displayed his badge, and 22
36	36	WHEREAS, Mr. Maldonado, after falsely identifying himself 23
37	37	as a police officer from Opa -locka, suddenly pushed Deputy 24
38	38	Hernandez, jumped from his motorcycle, and fled the scene on 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	foot, at which time Deputy Hernandez gave chase, also on foot, 26
52	52	and 27
53	53	WHEREAS, within seconds, Mr. Maldonado turned and fired two 28
54	54	rounds from a .45 caliber handgun, hitting Deputy Hernandez in 29
55	55	the head with one of those rounds, and 30
56	56	WHEREAS, critically wounded, Deputy Hernandez was rushed to 31
57	57	Memorial Regional Hospital in Hollywood, where he remained in a 32
58	58	coma and on life support for 3 weeks, underwent multiple 33
59	59	surgeries, and remained hospitalized f or nearly 3 months before 34
60	60	being discharged to the care of a rehabilitation hospital, and 35
61	61	WHEREAS, after his discharge, Deputy Hernandez was confined 36
62	62	to a wheelchair, underwent daylong physical, occupational, 37
63	63	speech, visual, and cognitive therapy each week day for a year, 38
64	64	and received regular painful Botox injections and other 39
65	65	medication to improve his muscle tone and reduce spasticity, and 40
66	66	WHEREAS, Deputy Hernandez continued to receive physical and 41
67	67	occupational therapies and other medical care on a daily b asis 42
68	68	for more than 3 additional years until his insurance provider 43
69	69	discontinued payments to his health care providers, and 44
70	70	WHEREAS, after the shooting, Mr. Maldonado was apprehended 45
71	71	by Hollywood police in a nearby condominium complex where he 46
72	72	attempted a carjacking, and 47
73	73	WHEREAS, the Broward County Sheriff's Office, commonly 48
74	74	referred to as the BSO, began a full investigation into the 49
75	75	circumstances surrounding the shooting, later concluding that, 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	had the Department of Corrections, hereinafter referred to as 51
89	89	"the department," brought repeated violations of his probation 52
90	90	to the attention of the state attorney's office and the 53
91	91	presiding circuit judge, Mr. Maldonado would have been in jail 54
92	92	at the time of the shooting, and 55
93	93	WHEREAS, the investigation found that o n April 18, 2007, 56
94	94	Mr. Maldonado, a habitual traffic offender, pled no contest to 57
95	95	felony traffic charges and was placed on probation for 24 58
96	96	months, and 59
97	97	WHEREAS, at the time of his placement on probation, Mr. 60
98	98	Maldonado had accrued nearly 40 traffic and admi nistrative 61
99	99	violations, including reckless driving, speeding, and driving 62
100	100	without a license, and 63
101	101	WHEREAS, Mr. Maldonado was advised in writing of the 64
102	102	department's zero-tolerance policy for the reporting of 65
103	103	violations of supervision conditions, which stated , "The 66
104	104	Department of Corrections has a zero -tolerance policy as to 67
105	105	reporting violations of supervision conditions. This is 68
106	106	notification to you that you are subject to proceedings, 69
107	107	including arrest, if you are not in compliance with all 70
108	108	conditions of superv ision as required by the sentencing court or 71
109	109	releasing authority," and 72
110	110	WHEREAS, s. 948.03, Florida Statutes, then prohibited 73
111	111	probationers from possessing, carrying, or owning any firearm 74
112	112	unless authorized by the court and consented to by the probation 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	officer, and 76
126	126	WHEREAS, s. 948.03, Florida Statutes, then prohibited 77
127	127	probationers from using intoxicants to excess or possessing any 78
128	128	drugs or narcotics unless prescribed by a physician, and 79
129	129	WHEREAS, further, the terms of Mr. Maldonado's probation 80
130	130	specifically prohibited him from carrying a weapon absent a 81
131	131	court order allowing him to do so and from using alcohol in 82
132	132	excess and nonprescribed drugs, and required that he submit 83
133	133	complete and honest monthly reports to his probation officer, 84
134	134	and 85
135	135	WHEREAS, Mr. Maldonad o failed to comply with any of these 86
136	136	terms of his probation, which was known or should have been 87
137	137	known to his probation officer, an employee of the department, 88
138	138	and 89
139	139	WHEREAS, in fact, Mr. Maldonado admitted to his probation 90
140	140	officer that he possessed a firea rm, which Mr. Maldonado 91
141	141	attempted to justify by falsely claiming that he was employed as 92
142	142	a security officer and serving in the military, and 93
143	143	WHEREAS, Mr. Maldonado admitted to using alcohol and 94
144	144	nonprescribed drugs, and 95
145	145	WHEREAS, the BSO investigation foun d that the department 96
146	146	unreasonably failed to verify any of Mr. Maldonado's statements 97
147	147	regarding his employment and military service or to otherwise 98
148	148	act on any of his probation violations, and 99
149	149	WHEREAS, the department knew or reasonably should have 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	known that Mr. Maldonado lied about his place of employment, his 101
163	163	military service, and the reasons he stated for possessing a 102
164	164	firearm, and 103
165	165	WHEREAS, the department failed to act on Mr. Maldonado's 104
166	166	admitted use of alcohol and nonprescribed drugs or to note his 105
167	167	false statements to his probation officer, and 106
168	168	WHEREAS, by virtue of its own zero -tolerance policy, the 107
169	169	department had a nondiscretionary duty to timely report Mr. 108
170	170	Maldonado's violations of these laws and the terms of his 109
171	171	probation to the state attorney's off ice and the presiding 110
172	172	circuit judge, and 111
173	173	WHEREAS, to this day, the department has never explained 112
174	174	why its zero-tolerance policy on reporting violations of 113
175	175	supervision conditions was not enforced with regard to Mr. 114
176	176	Maldonado, and the state attorney's offic e has stated publicly 115
177	177	that his violations should have been reported to the office and 116
178	178	the presiding circuit judge, and 117
179	179	WHEREAS, the state attorney's office maintains that if Mr. 118
180	180	Maldonado's violations had been so reported, he would have been 119
181	181	jailed without bail and not on the streets at the time that he 120
182	182	shot Deputy Hernandez, and 121
183	183	WHEREAS, as a result of the shooting, Deputy Hernandez 122
184	184	suffers from permanent brain injury and resulting hemiparesis to 123
185	185	the entire left side of his body, motor and sensory nerve 124
186	186	damage, spasticity, numbness and severe muscle weakness, 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	impaired walking and balance abilities, hydrocephalus that is 126
200	200	treated with a permanent ventriculoperitoneal shunt, and 127
201	201	cognitive deficits, and fragments of the bullet are permanently 128
202	202	lodged in his brain, and 129
203	203	WHEREAS, without professional assistance, Deputy Hernandez 130
204	204	continues to engage in physical and occupational therapy to 131
205	205	improve his hemiparesis, but continues to require medical care 132
206	206	and professional therapy treatments to maintain maximum medical 133
207	207	stability, and 134
208	208	WHEREAS, at the time of his injury Deputy Hernandez was 135
209	209	earning a salary of approximately $60,000 annually and generous 136
210	210	benefits, including medical and retirement benefits, and 137
211	211	WHEREAS, Deputy Hernandez attempted to return to work at 138
212	212	the BSO but was unable to perform to minimum standards, and 139
213	213	WHEREAS, Deputy Hernandez's injuries have catastrophically 140
214	214	changed his life, and he is unable to earn a living, and 141
215	215	WHEREAS, Deputy Hernandez has suffered significant economic 142
216	216	damages, including lost income and the capacity to earn income 143
217	217	and related benefits, including medical insurance and retirement 144
218	218	benefits, and 145
219	219	WHEREAS, Deputy Hernandez received worker compensation 146
220	220	benefits that have covered a portion of his lost income and 147
221	221	medical care costs, b ut liens have been filed amounting to 148
222	222	hundreds of thousands of dollars, and 149
223	223	WHEREAS, Deputy Hernandez is now 43 years old and has a 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	life expectancy of 42.6 years according to the United States 151
237	237	Life Tables, 2008, of the United States Centers for Disease 152
238	238	Control and Prevention, and 153
239	239	WHEREAS, Deputy Hernandez has suffered devastating and 154
240	240	permanent injuries and damages, including pain and suffering, 155
241	241	total disability, physical and mental impairment, disfigurement, 156
242	242	mental anguish, inconvenience, loss of enjoymen t of life, 157
243	243	hospital and medical care expenses, loss of earnings and earning 158
244	244	capacity, loss of benefits, including medical and retirement 159
245	245	income benefits, financial ruin, and other economic and 160
246	246	noneconomic losses, and 161
247	247	WHEREAS, a lawsuit was filed on behalf of Deputy Hernandez 162
248	248	in the 17th Judicial Circuit in and for Broward County which 163
249	249	sought relief under s. 768.28, Florida Statutes, but it was 164
250	250	dismissed by the trial court, which held that, despite the 165
251	251	department's failure to follow its own policies and pro cedures 166
252	252	and state law, the department owed no duty of care to Deputy 167
253	253	Hernandez, and 168
254	254	WHEREAS, appeals of the court's ruling would be fruitless 169
255	255	and only cause further delay in addressing the wrongs that have 170
256	256	been inflicted on Deputy Hernandez, and 171
257	257	WHEREAS, despite the ruling by the court that he is without 172
258	258	legal remedy to seek damages, Deputy Hernandez respectfully 173
259	259	requests that the Legislature find that, based on its commitment 174
260	260	to justice being served, a moral obligation exists in this 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	unique and tragic se t of circumstances to provide relief, and 176
274	274	WHEREAS, Deputy Hernandez respectfully requests that, as a 177
275	275	matter of grace, the Legislature exercise its authority to 178
276	276	appropriate funds to compensate him for his injuries, 179
277	277	disabilities, and economic damages, and 180
278	278	WHEREAS, given the facts and circumstances that resulted in 181
279	279	his injuries and damages, Deputy Hernandez seeks equitable 182
280	280	relief from the Legislature, NOW, THEREFORE, 183
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282	282	Be It Enacted by the Legislature of the State of Florida: 185
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284	284	Section 1. The facts stated in the preamble to this act 187
285	285	are found and declared to be true. 188
286	286	Section 2. The sum of $10 million is appropriated from the 189
287	287	General Revenue Fund to the Department of Corrections for the 190
288	288	relief of Maury Hernandez for injuries and damages sustained. 191
289	289	Section 3. The Chief Financial Officer is directed to draw 192
290	290	a warrant in favor of Maury Hernandez in the amount of $10 193
291	291	million upon funds of the Department of Corrections in the State 194
292	292	Treasury, and the Chief Financial Officer is directed to pay the 195
293	293	same out of such funds in the State Treasury. 196
294	294	Section 4. It is the intent of the Legislature that any 197
295	295	lien interests held by the state arising from the treatment and 198
296	296	care of Maury Hernandez for the occurrences described in this 199
297	297	act be waived. 200
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310	310	Section 5. The amount awarded under this act is intended 201
311	311	to provide the sole compensation for all present and future 202
312	312	claims arising out of the factual situation described in the 203
313	313	preamble to this act. The total amount paid for attorney fees 204
314	314	relating to this claim may n ot exceed 25 percent of the amount 205
315	315	awarded under this act. 206
316	316	Section 6. This act shall take effect upon becoming a law. 207