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