Florida 2024 Regular Session

Florida House Bill H6005 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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12	12	A bill to be entitled 1
13	13	An act for the relief of Maury Hernandez; providing an 2
14	14	appropriation to compensate Maury Hernandez, a former 3
15	15	Broward County Sheriff's deputy, for injuries and 4
16	16	damages sustained as a consequence of the Department 5
17	17	of Corrections' failures to enforce probation laws, 6
18	18	regulations, and policies; providing legislative 7
19	19	intent that certain liens be waived; providing a 8
20	20	limitation on the payment of compensation and attorne y 9
21	21	fees; providing an effective date. 10
22	22	11
23	23	WHEREAS, at 11:45 a.m. on August 6, 2007, Broward County 12
24	24	Sheriff's Deputy Maury Hernandez, then 28 years of age, was 13
25	25	operating a vehicle assigned to him by the sheriff's office and 14
26	26	within its jurisdiction when he observed David Maldonado, then 15
27	27	23 years of age, the operator of a motorcycle, fail to stop at 16
28	28	three traffic signals on Pembroke Road, and 17
29	29	WHEREAS, Deputy Hernandez engaged his lights and stopped 18
30	30	Mr. Maldonado at a location within the 3700 block of Pembrok e 19
31	31	Road, where he parked and got out of his vehicle, approached Mr. 20
32	32	Maldonado, identified himself as a deputy sheriff, and displayed 21
33	33	his badge, and 22
34	34	WHEREAS, Mr. Maldonado falsely identified himself as a 23
35	35	police officer from Opa -locka and, when asked to prod uce 24
36	36	identification, dropped his motorcycle, pushed Deputy Hernandez, 25 
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45	45	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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47	47	and fled on foot, at which time Deputy Hernandez gave chase, 26
48	48	also on foot, and 27
49	49	WHEREAS, during the chase, Mr. Maldonado suddenly turned 28
50	50	around and fired two rounds from a .45 caliber han dgun, striking 29
51	51	Deputy Hernandez in the head, and 30
52	52	WHEREAS, although Deputy Hernandez was critically wounded, 31
53	53	he miraculously survived the shooting and was rushed to Memorial 32
54	54	Regional Hospital in Hollywood, where he was in a coma and was 33
55	55	placed on life support, and 34
56	56	WHEREAS, shortly after the shooting, Mr. Maldonado was 35
57	57	apprehended by Hollywood police in a nearby condominium complex 36
58	58	where he had attempted a carjacking, and 37
59	59	WHEREAS, Mr. Maldonado was ultimately charged and convicted 38
60	60	of attempted murder in t he first degree and numerous probation 39
61	61	violations, and he is currently serving a life sentence, and 40
62	62	WHEREAS, 4 months before the shooting, on April 18, 2007, 41
63	63	Mr. Maldonado, a habitual traffic offender with a history of 42
64	64	multiple drug offenses and an illega l concealed weapon 43
65	65	conviction, pled no contest to felony traffic charges and was 44
66	66	placed on probation for 24 months, and 45
67	67	WHEREAS, the Department of Corrections' records document 46
68	68	that in April and May of 2007, before the shooting of Deputy 47
69	69	Hernandez, Mr. Maldonado twice admitted to his probation 48
70	70	officers that he illegally possessed a firearm in violation of 49
71	71	Florida law, the department's zero -tolerance policy, and the 50 
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80	80	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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82	82	conditions of his probation supervision, but his probation 51
83	83	officers simply warned him that h e could not possess a weapon 52
84	84	and did not report the violations to the state attorney or to 53
85	85	the presiding circuit judge, and 54
86	86	WHEREAS, on June 28, 2007, Mr. Maldonado admitted a third 55
87	87	probation violation for buying and using illegal drugs in 56
88	88	violation of s. 948.03, Florida Statutes, which prohibits 57
89	89	probationers from possessing drugs or narcotics unless 58
90	90	prescribed by a physician, and violating the conditions of his 59
91	91	probation, but the probation officer failed to report the 60
92	92	violation, and 61
93	93	WHEREAS, under s. 948 .03, Florida Statutes (now s. 790.23, 62
94	94	Florida Statutes), Mr. Maldonado was prohibited from possessing, 63
95	95	carrying, or owning any firearm unless authorized by the court, 64
96	96	and 65
97	97	WHEREAS, s. 944.09, Florida Statutes, requires the 66
98	98	Department of Corrections to supe rvise probationers, stay 67
99	99	informed about the probationers' conduct, and cooperate with 68
100	100	circuit courts exercising criminal jurisdiction over 69
101	101	probationers, and 70
102	102	WHEREAS, rule 33-302.1031, Florida Administrative Code, 71
103	103	implementing s. 944.09, Florida Statutes, provides that 72
104	104	probation officers under the authority of the Department of 73
105	105	Corrections are responsible for supervision and control of 74
106	106	offenders, including the enforcement of conditions of 75 
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115	115	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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117	117	supervision, conducting investigations, and initiating arrest of 76
118	118	offenders under their supervision, as appropriate, with or 77
119	119	without a warrant, and 78
120	120	WHEREAS, rule 33-302.1031, Florida Administrative Code, 79
121	121	further provides that probation officers must notify the 80
122	122	sentencing or releasing authority whenever the officer has 81
123	123	reasonable grounds to believe that a willful violation of any 82
124	124	condition of supervision has occurred, and 83
125	125	WHEREAS, in 2003, the Department of Corrections established 84
126	126	a zero-tolerance policy requiring probation officers to report 85
127	127	all technical violations committed by offenders on community 86
128	128	control to the court, and the department extended this policy in 87
129	129	2004 to all offenders under community supervision in response to 88
130	130	several cases in which supervised offenders committed murders, 89
131	131	and 90
132	132	WHEREAS, the Department of Corrections modified its zero -91
133	133	tolerance policy in August 2007 to require probation officers to 92
134	134	report only willful violations, such as the violations committed 93
135	135	by Mr. Maldonado, that are purposely committed by an offender or 94
136	136	over which the offender had control, and 95
137	137	WHEREAS, shortly after the shooting, and while Deputy 96
138	138	Hernandez remained hospitalized and struggling for his life, a 97
139	139	Department of Corrections spokesperson defended the probation 98
140	140	officer's actions as "errors in judg ment," stating that 99
141	141	"everything was done by the book," the department had counseled 100 
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150	150	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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152	152	the probation officer to "keep his case notes and records 101
153	153	complete and up to date," and the probation officer had the 102
154	154	support of, and remained employed by, the department d espite his 103
155	155	clear violations of the department's zero -tolerance policy, and 104
156	156	WHEREAS, by virtue of its zero -tolerance policy in effect 105
157	157	at the time of Deputy Hernandez's shooting, the Department of 106
158	158	Corrections had a nondiscretionary duty to timely report Mr. 107
159	159	Maldonado's violations of law and the conditions of his 108
160	160	probation to the state attorney's office and the presiding 109
161	161	circuit judge, but failed to act on his repeated probation 110
162	162	violations, and 111
163	163	WHEREAS, not only did the Department of Corrections fail to 112
164	164	report Mr. Maldonado's illegal possession of a firearm, but his 113
165	165	probation file showed the use of illegal drugs and was replete 114
166	166	with omissions and false statements, including claims that Mr. 115
167	167	Maldonado was a United States Marine headed to Iraq and worked 116
168	168	as an armed security guard, even though it is illegal for felons 117
169	169	and probationers to use drugs or possess a weapon, and 118
170	170	WHEREAS, Mr. Maldonado's 70 -page probation file contained 119
171	171	no evidence that the probation officers ever contacted his 120
172	172	alleged employers to conf irm his job status or made sure he had 121
173	173	given up his weapons, and 122
174	174	WHEREAS, the Broward County Sheriff's investigation of 123
175	175	Deputy Hernandez's shooting concluded that, had the Department 124
176	176	of Corrections brought the repeated violations of Mr. 125 
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185	185	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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187	187	Maldonado's probation to the attention of the state attorney and 126
188	188	presiding circuit judge, Mr. Maldonado would have been in jail 127
189	189	at the time of the shooting, and 128
190	190	WHEREAS, the state attorney's office for the Seventeenth 129
191	191	Judicial Circuit in and for Broward County concurred th at Mr. 130
192	192	Maldonado's violations were "serious" and should have been 131
193	193	reported by the Department of Corrections to the state attorney 132
194	194	and the presiding circuit judge and, had Mr. Maldonado's 133
195	195	violations been reported, he would have been jailed without bail 134
196	196	and would not have been on the streets when he shot Deputy 135
197	197	Hernandez, and 136
198	198	WHEREAS, after the shooting, the Department of Corrections 137
199	199	announced that Mr. Maldonado's probation file had been turned 138
200	200	over to the department's Office of Inspector General for review, 139
201	201	but no report or any records of a department review exist, nor 140
202	202	to this day has the department explained why Mr. Maldonado's 141
203	203	multiple violations of law, department policy, and the terms of 142
204	204	his probation were not enforced and reported to the state 143
205	205	attorney and presiding circuit judge as required by law, and 144
206	206	WHEREAS, a lawsuit was filed on behalf of Deputy Hernandez 145
207	207	in the Seventeenth Judicial Circuit which sought relief under s. 146
208	208	768.28, Florida Statutes, but was dismissed by the trial court 147
209	209	on January 27, 2016, the court holding that under existing 148
210	210	Florida case law, the Department of Corrections owed no specific 149 
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219	219	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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221	221	or special legal duty of care to Deputy Hernandez, who is 150
222	222	without a legal or administrative remedy for his claim, and 151
223	223	WHEREAS, despite the court's ruling that Deputy Hernandez 152
224	224	is without a legal remedy, Florida legislative precedent dating 153
225	225	back to 1831, as stated in the Legislative Claim Bill Manual 154
226	226	(2022), defines a claim bill to be "a means by which an injured 155
227	227	party may recover damages even though the public officer or 156
228	228	agency involved may be immune from suit," and 157
229	229	WHEREAS, the Florida Supreme Court and appellate courts 158
230	230	acknowledge relief for "equitable claims filed without an 159
231	231	underlying excess judgment" or settlement, and the far -reaching 160
232	232	circumstances under which the Legislature may extend equitable 161
233	233	relief for an injured party even though the public officer or 162
234	234	agency may be immune from suit, and 163
235	235	WHEREAS, these cases include Gamble v. Wells, 450 So. 2d 164
236	236	850 (Fla. 1984), holding that any claim bill, whether based on 165
237	237	an existing judgment, a settlement, or an equitable claim, is an 166
238	238	"act of legislative grace" and "a voluntary recognition of its 167
239	239	moral obligation by the legislature," and is "firmly entrenched 168
240	240	in legislative discretion"; Searcy Denney, et al. vs. State of 169
241	241	Fla., 209 So. 3d 1181 (Fla. 2017), citing Noel v. Schlesinger, 170
242	242	P.A., 984 So. 2d 1265 (Fla. 4th DCA 2008) and Gamble v. Wells, 171
243	243	supra; Dickinson v. Bradley , 298 So. 2d 352 (Fla. 1974), in 172
244	244	which the Florida Supreme Court stated that the "purpo se" of any 173
245	245	legislative relief act is to "discharge the state's moral 174 
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254	254	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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256	256	obligation to any individual or entity whom or which the 175
257	257	legislature recognizes as being entitled to such"; and Jetton v. 176
258	258	Jacksonville Electric Authority , 399 So. 2d 396, 397 (Fla. 1st 177
259	259	DCA 1981), holding that while the Legislature has placed limits 178
260	260	on recovery, "claimants remain free to seek legislative relief 179
261	261	bills, as they did during days of complete sovereign immunity," 180
262	262	and 181
263	263	WHEREAS, the facts as set forth herein establish that the 182
264	264	Department of Corrections failed to follow Florida statutes, 183
265	265	regulations, and policies and take action to prevent a convicted 184
266	266	felon on probation from possessing a weapon; enforce numerous 185
267	267	other serious and willful probation violations committed by a 186
268	268	probationer who falsely claimed to be a United States Marine; 187
269	269	and supervise, investigate, enforce, and report any of these 188
270	270	probation violations to the state attorney and presiding circuit 189
271	271	judge as required by law , and 190
272	272	WHEREAS, this claim bill is supported by the Br oward County 191
273	273	Sheriff's Office, the Florida Police Benevolent Association, and 192
274	274	the International Union of Police Associations, and 193
275	275	WHEREAS, given the unique and tragic set of circumstances 194
276	276	of this case, including the attempted murder and permanent 195
277	277	disability of a sworn Florida police officer who was critically 196
278	278	and permanently injured in the line of duty, Deputy Hernandez is 197
279	279	deserving of legislative grace and the Legislature's exercise of 198 
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288	288	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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290	290	its exclusive authority to appropriate funds to compensate him 199
291	291	for his injuries and economic damages, and 200
292	292	WHEREAS, these injuries include permanent brain injuries 201
293	293	and impairment, including hemiparesis to the entire left side of 202
294	294	his body, severe motor and sensory nerve damage, spasticity, 203
295	295	numbness and muscle weakness, impair ed walking and balance, 204
296	296	cognitive impairment, hydrocephalus treated with the insertion 205
297	297	of a ventriculoperitoneal shunt that drains excess cerebrospinal 206
298	298	fluid from his brain's ventricles into his abdomen, a silicone 207
299	299	plate that covers a third of his skull, a nd fragments of the .45 208
300	300	caliber bullet which remain permanently lodged in his brain, and 209
301	301	WHEREAS, Deputy Hernandez has endured multiple surgeries, 210
302	302	including a tracheostomy, multiple brain surgeries, 211
303	303	hydrocephalus shunt surgery, and months of in -patient hospital 212
304	304	care, followed by a year of daylong physical, occupational, 213
305	305	speech, visual, cognitive, and psychological therapy, and 214
306	306	WHEREAS, Deputy Hernandez continued to receive various 215
307	307	therapies and medical care on a daily basis for more than 3 216
308	308	years until his insurance provider discontinued payments to 217
309	309	health care providers, and 218
310	310	WHEREAS, to regain and restore maximum medical stability, 219
311	311	Deputy Hernandez needs to resume the medical care and 220
312	312	professional therapy treatments he no longer receives, but he is 221
313	313	without the financial resources to do so, and 222 
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322	322	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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324	324	WHEREAS, at the time of his injury, Deputy Hernandez was 223
325	325	earning a salary of approximately $60,000 annually with 224
326	326	benefits, including medical and retirement benefits, and 225
327	327	WHEREAS, Deputy Hernandez attempted to retur n to work at 226
328	328	the Broward County Sheriff's Office but was unable to perform to 227
329	329	minimum standards, and 228
330	330	WHEREAS, Deputy Hernandez has been declared by his 229
331	331	physicians to be totally and permanently disabled, and he is 230
332	332	unable to earn a living, and 231
333	333	WHEREAS, Deputy Hernandez has suffered economic damages, 232
334	334	including lost income and the capacity to earn income and 233
335	335	related benefits, including medical insurance and retirement 234
336	336	benefits, and 235
337	337	WHEREAS, a life care plan and vocational impact report 236
338	338	formulated by an indep endent certified comprehensive care plan 237
339	339	company with more than 35 years of experience providing medical 238
340	340	case management, vocational services, and rehabilitative 239
341	341	services to individuals and insurance companies, in consultation 240
342	342	with and reliance upon the op inions of Deputy Hernandez's 241
343	343	physicians, assessed his future medical and life care needs, 242
344	344	which will amount to $2,243,981.97, and 243
345	345	WHEREAS, the study found that Deputy Hernandez's wage 244
346	346	losses and earning capacity amount to $3,353,924.70 had he 245
347	347	remained in law enforcement and $4,649,658.54 had he completed 246 
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356	356	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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358	358	law school, which he had started at the time he sustained his 247
359	359	injury, and had he become a lawyer as he planned, and 248
360	360	WHEREAS, a lien has been filed against Deputy Hernandez in 249
361	361	the amount of $1,133,448.06 b y the workers' compensation insurer 250
362	362	that paid benefits for past medical and wage -related expenses, 251
363	363	and 252
364	364	WHEREAS, Deputy Hernandez's total economic damages amount 253
365	365	to between $6,731,354.73 and $8,027,088.56, and 254
366	366	WHEREAS, in addition to his economic damages , Deputy 255
367	367	Hernandez has suffered devastating permanent injuries and 256
368	368	damages, including severe bodily injury, excruciating pain and 257
369	369	suffering, total disability, physical and mental impairment, 258
370	370	disfigurement, mental anguish, inconvenience, loss of enjoyment 259
371	371	of life, and financial hardship, and 260
372	372	WHEREAS, Deputy Hernandez, without a legal or 261
373	373	administrative remedy to seek redress for his injuries and 262
374	374	damages, seeks equitable relief from the Legislature, NOW, 263
375	375	THEREFORE, 264
376	376	265
377	377	Be It Enacted by the Legislature of the State of Florida: 266
378	378	267
379	379	Section 1. The facts stated in the preamble to this act 268
380	380	are found and declared to be true. 269
381	381	Section 2. The Legislature acknowledges that the state's 270
382	382	system of justice yielded an imperfect result in this case, and 271 
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391	391	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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393	393	that Maury Hernandez should be granted relief for the injuries 272
394	394	and damages he suffered while in the line of duty as a 273
395	395	consequence of the Department of Corrections' failure to enforce 274
396	396	probation regulations and policies then in place, in violation 275
397	397	of state law. 276
398	398	Section 3. The sum of $10 million is appropriated from the 277
399	399	General Revenue Fund to the Department of Corrections for the 278
400	400	relief of Maury Hernandez for injuries and damages sustained . 279
401	401	Section 4. The Chief Financial Officer is directed to draw 280
402	402	a warrant in favor of Maury Hernandez in the sum of $10 million 281
403	403	upon funds of the Department of Corrections in the State 282
404	404	Treasury, and the Chief Financial Officer is directed to pay the 283
405	405	same out of such funds in the State Treasury. 284
406	406	Section 5. It is the intent of the Legi slature that any 285
407	407	lien interests held by the state arising from the treatment and 286
408	408	care of Maury Hernandez for the occurrences described in this 287
409	409	act be waived. 288
410	410	Section 6. The amount awarded under this act is intended 289
411	411	to provide the sole compensation for all present and future 290
412	412	claims arising out of the factual situation described in this 291
413	413	act. The total amount paid for attorney fees relating to this 292
414	414	claim may not exceed 25 percent of the amount awarded under this 293
415	415	act. 294
416	416	Section 7. This act shall take effe ct upon becoming a law. 295