HB 6003 2023
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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
A bill to be entitled 1
An act for the relief of Maury Hernandez; providing an 2
appropriation to compensate Maury Hernandez, a former 3
Broward County Sheriff's Office deputy, for injuries 4
and damages sustained as a consequence of the alleged 5
negligence of the Department of Corrections in the 6
course of his employment; providing legislative intent 7
that certain liens be waived; providing a limitation 8
on the payment of compensation and attorne y fees; 9
providing an effective date. 10
11
WHEREAS, on August 6, 2007, Broward County Sheriff's Office 12
Deputy Maury Hernandez, then 28 years old, was operating a 13
vehicle assigned to him by the office within the office's 14
jurisdiction, and 15
WHEREAS, at approximately 11:45 a.m., Deputy Hernandez 16
observed David Maldonado as the operator of a motorcycle that 17
failed to stop at three traffic signals on Pembroke Road, and 18
WHEREAS, Deputy Hernandez followed Mr. Maldonado to a 19
location within the 3700 block of Pembr oke Road, where he 20
approached Mr. Maldonado, still on the motorcycle, identified 21
himself as a deputy sheriff, and displayed his badge, and 22
WHEREAS, Mr. Maldonado, after falsely identifying himself 23
as a police officer from Opa -locka, suddenly pushed Deputy 24
Hernandez, jumped from his motorcycle, and fled the scene on 25
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foot, at which time Deputy Hernandez gave chase, also on foot, 26
and 27
WHEREAS, within seconds, Mr. Maldonado turned and fired two 28
rounds from a .45 caliber handgun, hitting Deputy Hernandez in 29
the head with one of those rounds, and 30
WHEREAS, critically wounded, Deputy Hernandez was rushed to 31
Memorial Regional Hospital in Hollywood, where he remained in a 32
coma and on life support for 3 weeks, underwent multiple 33
surgeries, and remained hospitalized f or nearly 3 months before 34
being discharged to the care of a rehabilitation hospital, and 35
WHEREAS, after his discharge, Deputy Hernandez was confined 36
to a wheelchair, underwent daylong physical, occupational, 37
speech, visual, and cognitive therapy each week day for a year, 38
and received regular painful Botox injections and other 39
medication to improve his muscle tone and reduce spasticity, and 40
WHEREAS, Deputy Hernandez continued to receive physical and 41
occupational therapies and other medical care on a daily b asis 42
for more than 3 additional years until his insurance provider 43
discontinued payments to his health care providers, and 44
WHEREAS, after the shooting, Mr. Maldonado was apprehended 45
by Hollywood police in a nearby condominium complex where he 46
attempted a carjacking, and 47
WHEREAS, the Broward County Sheriff's Office, commonly 48
referred to as the BSO, began a full investigation into the 49
circumstances surrounding the shooting, later concluding that, 50
HB 6003 2023
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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
had the Department of Corrections, hereinafter referred to as 51
"the department," brought repeated violations of his probation 52
to the attention of the state attorney's office and the 53
presiding circuit judge, Mr. Maldonado would have been in jail 54
at the time of the shooting, and 55
WHEREAS, the investigation found that o n April 18, 2007, 56
Mr. Maldonado, a habitual traffic offender, pled no contest to 57
felony traffic charges and was placed on probation for 24 58
months, and 59
WHEREAS, at the time of his placement on probation, Mr. 60
Maldonado had accrued nearly 40 traffic and admi nistrative 61
violations, including reckless driving, speeding, and driving 62
without a license, and 63
WHEREAS, Mr. Maldonado was advised in writing of the 64
department's zero-tolerance policy for the reporting of 65
violations of supervision conditions, which stated , "The 66
Department of Corrections has a zero -tolerance policy as to 67
reporting violations of supervision conditions. This is 68
notification to you that you are subject to proceedings, 69
including arrest, if you are not in compliance with all 70
conditions of superv ision as required by the sentencing court or 71
releasing authority," and 72
WHEREAS, s. 948.03, Florida Statutes, then prohibited 73
probationers from possessing, carrying, or owning any firearm 74
unless authorized by the court and consented to by the probation 75
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officer, and 76
WHEREAS, s. 948.03, Florida Statutes, then prohibited 77
probationers from using intoxicants to excess or possessing any 78
drugs or narcotics unless prescribed by a physician, and 79
WHEREAS, further, the terms of Mr. Maldonado's probation 80
specifically prohibited him from carrying a weapon absent a 81
court order allowing him to do so and from using alcohol in 82
excess and nonprescribed drugs, and required that he submit 83
complete and honest monthly reports to his probation officer, 84
and 85
WHEREAS, Mr. Maldonad o failed to comply with any of these 86
terms of his probation, which was known or should have been 87
known to his probation officer, an employee of the department, 88
and 89
WHEREAS, in fact, Mr. Maldonado admitted to his probation 90
officer that he possessed a firea rm, which Mr. Maldonado 91
attempted to justify by falsely claiming that he was employed as 92
a security officer and serving in the military, and 93
WHEREAS, Mr. Maldonado admitted to using alcohol and 94
nonprescribed drugs, and 95
WHEREAS, the BSO investigation foun d that the department 96
unreasonably failed to verify any of Mr. Maldonado's statements 97
regarding his employment and military service or to otherwise 98
act on any of his probation violations, and 99
WHEREAS, the department knew or reasonably should have 100
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known that Mr. Maldonado lied about his place of employment, his 101
military service, and the reasons he stated for possessing a 102
firearm, and 103
WHEREAS, the department failed to act on Mr. Maldonado's 104
admitted use of alcohol and nonprescribed drugs or to note his 105
false statements to his probation officer, and 106
WHEREAS, by virtue of its own zero -tolerance policy, the 107
department had a nondiscretionary duty to timely report Mr. 108
Maldonado's violations of these laws and the terms of his 109
probation to the state attorney's off ice and the presiding 110
circuit judge, and 111
WHEREAS, to this day, the department has never explained 112
why its zero-tolerance policy on reporting violations of 113
supervision conditions was not enforced with regard to Mr. 114
Maldonado, and the state attorney's offic e has stated publicly 115
that his violations should have been reported to the office and 116
the presiding circuit judge, and 117
WHEREAS, the state attorney's office maintains that if Mr. 118
Maldonado's violations had been so reported, he would have been 119
jailed without bail and not on the streets at the time that he 120
shot Deputy Hernandez, and 121
WHEREAS, as a result of the shooting, Deputy Hernandez 122
suffers from permanent brain injury and resulting hemiparesis to 123
the entire left side of his body, motor and sensory nerve 124
damage, spasticity, numbness and severe muscle weakness, 125
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impaired walking and balance abilities, hydrocephalus that is 126
treated with a permanent ventriculoperitoneal shunt, and 127
cognitive deficits, and fragments of the bullet are permanently 128
lodged in his brain, and 129
WHEREAS, without professional assistance, Deputy Hernandez 130
continues to engage in physical and occupational therapy to 131
improve his hemiparesis, but continues to require medical care 132
and professional therapy treatments to maintain maximum medical 133
stability, and 134
WHEREAS, at the time of his injury Deputy Hernandez was 135
earning a salary of approximately $60,000 annually and generous 136
benefits, including medical and retirement benefits, and 137
WHEREAS, Deputy Hernandez attempted to return to work at 138
the BSO but was unable to perform to minimum standards, and 139
WHEREAS, Deputy Hernandez's injuries have catastrophically 140
changed his life, and he is unable to earn a living, and 141
WHEREAS, Deputy Hernandez has suffered significant economic 142
damages, including lost income and the capacity to earn income 143
and related benefits, including medical insurance and retirement 144
benefits, and 145
WHEREAS, Deputy Hernandez received worker compensation 146
benefits that have covered a portion of his lost income and 147
medical care costs, b ut liens have been filed amounting to 148
hundreds of thousands of dollars, and 149
WHEREAS, Deputy Hernandez is now 43 years old and has a 150
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life expectancy of 42.6 years according to the United States 151
Life Tables, 2008, of the United States Centers for Disease 152
Control and Prevention, and 153
WHEREAS, Deputy Hernandez has suffered devastating and 154
permanent injuries and damages, including pain and suffering, 155
total disability, physical and mental impairment, disfigurement, 156
mental anguish, inconvenience, loss of enjoymen t of life, 157
hospital and medical care expenses, loss of earnings and earning 158
capacity, loss of benefits, including medical and retirement 159
income benefits, financial ruin, and other economic and 160
noneconomic losses, and 161
WHEREAS, a lawsuit was filed on behalf of Deputy Hernandez 162
in the 17th Judicial Circuit in and for Broward County which 163
sought relief under s. 768.28, Florida Statutes, but it was 164
dismissed by the trial court, which held that, despite the 165
department's failure to follow its own policies and pro cedures 166
and state law, the department owed no duty of care to Deputy 167
Hernandez, and 168
WHEREAS, appeals of the court's ruling would be fruitless 169
and only cause further delay in addressing the wrongs that have 170
been inflicted on Deputy Hernandez, and 171
WHEREAS, despite the ruling by the court that he is without 172
legal remedy to seek damages, Deputy Hernandez respectfully 173
requests that the Legislature find that, based on its commitment 174
to justice being served, a moral obligation exists in this 175
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unique and tragic se t of circumstances to provide relief, and 176
WHEREAS, Deputy Hernandez respectfully requests that, as a 177
matter of grace, the Legislature exercise its authority to 178
appropriate funds to compensate him for his injuries, 179
disabilities, and economic damages, and 180
WHEREAS, given the facts and circumstances that resulted in 181
his injuries and damages, Deputy Hernandez seeks equitable 182
relief from the Legislature, NOW, THEREFORE, 183
184
Be It Enacted by the Legislature of the State of Florida: 185
186
Section 1. The facts stated in the preamble to this act 187
are found and declared to be true. 188
Section 2. The sum of $10 million is appropriated from the 189
General Revenue Fund to the Department of Corrections for the 190
relief of Maury Hernandez for injuries and damages sustained. 191
Section 3. The Chief Financial Officer is directed to draw 192
a warrant in favor of Maury Hernandez in the amount of $10 193
million upon funds of the Department of Corrections in the State 194
Treasury, and the Chief Financial Officer is directed to pay the 195
same out of such funds in the State Treasury. 196
Section 4. It is the intent of the Legislature that any 197
lien interests held by the state arising from the treatment and 198
care of Maury Hernandez for the occurrences described in this 199
act be waived. 200
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Section 5. The amount awarded under this act is intended 201
to provide the sole compensation for all present and future 202
claims arising out of the factual situation described in the 203
preamble to this act. The total amount paid for attorney fees 204
relating to this claim may n ot exceed 25 percent of the amount 205
awarded under this act. 206
Section 6. This act shall take effect upon becoming a law. 207