HB 6511 full text · Session Watch

1 A bill to be entitled

2 An act relating to the relief of Maury Hernandez;

3 providing an appropriation to compensate former

4 Broward County Sheriff's Deputy Maury Hernandez for

5 injuries and damages sustained as a consequence of the

6 Department of Corrections' failures to enforce

7 probation laws, regulations, and policies; providing

8 legislative intent that certain liens be waived;

9 providing a limitation on the payment of compensation

10 and attorney fees; providing an effective date.

12 WHEREAS, at 11:45 a.m. on August 6, 2007, Broward County

13 Sheriff's Deputy Maury Hernandez, then 28 years of age, was

14 operating a vehicle assigned to him by the sheriff's office and

15 was within its jurisdiction when he observed David Maldonado,

16 then 23 years of age, the operator of a motorcycle, fail to stop

17 at three traffic signals on Pembroke Road, and

18 WHEREAS, Deputy Hernandez engaged his lights and stopped

19 Mr. Maldonado at a location within the 3700 block of Pembroke

20 Road, where he parked and got out of his vehicle, approached Mr.

21 Maldonado, identified himself as a deputy sheriff, and displayed

22 his badge, and

23 WHEREAS, Mr. Maldonado falsely identified himself as a

24 police officer from Opa-locka and, when asked to produce

25 identification, dropped his motorcycle, pushed Deputy Hernandez,

26 and fled on foot, at which time Deputy Hernandez gave chase,

27 also on foot, and

28 WHEREAS, during the chase, Mr. Maldonado suddenly turned

29 around and fired two rounds from a .45 caliber handgun, striking

30 Deputy Hernandez in the head, and

31 WHEREAS, although Deputy Hernandez was critically wounded,

32 he miraculously survived the shooting and was rushed to Memorial

33 Regional Hospital in Hollywood, where he was in a coma and was

34 placed on life support, and

35 WHEREAS, shortly after the shooting, Mr. Maldonado was

36 apprehended by Hollywood police in a nearby condominium complex

37 where he had attempted a carjacking, and

38 WHEREAS, Mr. Maldonado was ultimately charged and convicted

39 of attempted murder in the first degree and numerous probation

40 violations and is currently serving a life sentence, and

41 WHEREAS, four months before the shooting, on April 18,

42 2007, Mr. Maldonado, a habitual traffic offender with a history

43 of multiple drug offenses and an illegal concealed weapon

44 conviction, pled no contest to felony traffic charges and was

45 placed on probation for 24 months, and

46 WHEREAS, the Department of Corrections' records document

47 that in April and May of 2007, before the shooting of Deputy

48 Hernandez, Mr. Maldonado twice admitted to his probation

49 officers that he illegally possessed a firearm in violation of

50 Florida law, the department's zero-tolerance policy, and the

51 conditions of his probation supervision, but his probation

52 officers simply warned him that he could not possess a weapon

53 and did not report the violations to the state attorney or to

54 the presiding circuit judge, and

55 WHEREAS, on June 28, 2007, Mr. Maldonado admitted a third

56 probation violation for buying and using illegal drugs in

57 violation of s. 948.03, Florida Statutes, which prohibits

58 probationers from possessing drugs or narcotics unless

59 prescribed by a physician, and violating the conditions of his

60 probation, but the probation officer failed to report the

61 violation, and

62 WHEREAS, under former s. 948.03, Florida Statutes (now s.

63 790.23, Florida Statutes), Mr. Maldonado was prohibited from

64 possessing, carrying, or owning any firearm unless authorized by

65 the court, and

66 WHEREAS, s. 944.09, Florida Statutes, requires the

67 Department of Corrections to supervise probationers, stay

68 informed about the probationers' conduct, and cooperate with

69 circuit courts exercising criminal jurisdiction over

70 probationers, and

71 WHEREAS, rule 33-302.1031, Florida Administrative Code,

72 implements s. 944.09, Florida Statutes, and provides that

73 probation officers under the authority of the Department of

74 Corrections are responsible for supervision and control of

75 offenders, including enforcing conditions of supervision,

76 conducting investigations, and initiating arrest of offenders

77 under their supervision, as appropriate, with or without a

78 warrant, and

79 WHEREAS, rule 33-302.1031, Florida Administrative Code,

80 further provides that a probation officer must notify the

81 sentencing or releasing authority whenever the officer has

82 reasonable grounds to believe that a willful violation of any

83 condition of supervision has occurred, and

84 WHEREAS, in 2003, the Department of Corrections established

85 a zero-tolerance policy requiring probation officers to report

86 all technical violations committed by offenders on community

87 control to the court, and the department extended this policy in

88 2004 to all offenders under community supervision in response to

89 several cases in which supervised offenders committed murders,

90 and

91 WHEREAS, the Department of Corrections modified its zero-

92 tolerance policy in August 2007 to require probation officers to

93 report only willful violations, such as the violations committed

94 by Mr. Maldonado, which are purposely committed by an offender

95 or over which the offender had control, and

96 WHEREAS, shortly after the shooting, and while Deputy

97 Hernandez remained hospitalized and struggling for his life, a

98 Department of Corrections' spokesperson defended the probation

99 officers' actions as "errors in judgment," stating that

100 "everything was done by the book," the department had counseled

101 the probation officer to "keep his case notes and records

102 complete and up to date," and the probation officer had the

103 support of, and remained employed by, the department despite his

104 clear violations of the department's zero-tolerance policy, and

105 WHEREAS, by virtue of its zero-tolerance policy in effect

106 at the time of Deputy Hernandez's shooting, the Department of

107 Corrections had a nondiscretionary duty to timely report Mr.

108 Maldonado's violations of law and the conditions of his

109 probation to the state attorney's office and the presiding

110 circuit judge, but failed to act on his repeated probation

111 violations, and

112 WHEREAS, not only did the Department of Corrections fail to

113 report Mr. Maldonado's illegal possession of a firearm, but his

114 probation file showed the use of illegal drugs and was replete

115 with omissions and false statements, including claims that Mr.

116 Maldonado was a United States Marine headed to Iraq and worked

117 as an armed security guard, even though it is illegal for felons

118 and probationers to use drugs or possess a weapon, and

119 WHEREAS, Mr. Maldonado's 70-page probation file contained

120 no evidence that the probation officers ever contacted his

121 alleged employers to confirm his job status or made sure he had

122 given up his weapons, and

123 WHEREAS, the Broward County Sheriff's investigation of

124 Deputy Hernandez's shooting concluded that, had the Department

125 of Corrections brought the repeated violations of Mr.

126 Maldonado's probation to the attention of the state attorney and

127 presiding circuit judge, Mr. Maldonado would have been in jail

128 at the time of the shooting, and

129 WHEREAS, the state attorney's office for the Seventeenth

130 Judicial Circuit, in and for Broward County, concurred that Mr.

131 Maldonado's violations were "serious" and should have been

132 reported by the Department of Corrections to the state attorney

133 and the presiding circuit judge and, had Mr. Maldonado's

134 violations been reported, he would have been jailed without bail

135 and would not have been on the streets when he shot Deputy

136 Hernandez, and

137 WHEREAS, after the shooting, the Department of Corrections

138 announced that Mr. Maldonado's probation file had been turned

139 over to the department's Office of Inspector General for review,

140 but no report or any record of a department review exist, nor to

141 this day has the department explained why Mr. Maldonado's

142 multiple violations of law, department policy, and the terms of

143 his probation were not enforced and reported to the state

144 attorney and presiding circuit judge as required by law, and

145 WHEREAS, a lawsuit was filed on behalf of Deputy Hernandez

146 in the Seventeenth Judicial Circuit which sought relief under s.

147 768.28, Florida Statutes, but was dismissed by the trial court

148 on January 27, 2016, the court holding that under existing

149 Florida case law, the Department of Corrections owed no specific

150 or special legal duty of care to Deputy Hernandez, who is

151 without a legal or administrative remedy for his claim, and

152 WHEREAS, despite the court's ruling that Deputy Hernandez

153 is without a legal remedy, Florida legislative precedent dating

154 back to 1831, as stated in the Legislative Claim Bill Manual

155 (2022), defines a claim bill to be "a means by which an injured

156 party may recover damages even though the public officer or

157 agency involved may be immune from suit," and

158 WHEREAS, the Florida Supreme Court and appellate courts

159 acknowledge relief for "equitable claims filed without an

160 underlying excess judgment" or settlement, and the far-reaching

161 circumstances under which the Legislature may extend equitable

162 relief for an injured party even though the public officer or

163 agency may be immune from suit, and

164 WHEREAS, these cases include Gamble v. Wells, 450 So.2d 850

165 (Fla. 1984), holding that any claim bill, whether based on an

166 existing judgment, a settlement, or an equitable claim, is an

167 "act of legislative grace" and "a voluntary recognition of its

168 moral obligation by the legislature," and is "firmly entrenched

169 in legislative discretion"; Searcy Denney, et al. vs. State of

170 Fla., 209 So.3d 1181 (Fla. 2017), citing Noel v. Schlesinger,

171 P.A., 984 So.2d 1265 (Fla. 4th DCA 2008) and Gamble v. Wells,

172 supra; Dickinson v. Bradley, 298 So.2d 352 (Fla. 1974), in which

173 the Florida Supreme Court stated that the "purpose" of any

174 legislative relief act is to "discharge the state's moral

175 obligation to any individual or entity whom or which the

176 legislature recognizes as being entitled to such"; and Jetton v.

177 Jacksonville Electric Authority, 399 So.2d 396, 397 (Fla. 1st

178 DCA 1981), holding that while the Legislature has placed limits

179 on recovery, "claimants remain free to seek legislative relief

180 bills, as they did during days of complete sovereign immunity,"

181 and

182 WHEREAS, the facts as set forth herein establish that the

183 Department of Corrections failed to follow state law,

184 regulations, and policies and take action to prevent a convicted

185 felon on probation from possessing a weapon; to enforce numerous

186 other serious and willful probation violations committed by a

187 probationer who falsely claimed to be a United States Marine;

188 and to supervise, investigate, enforce, and report any of these

189 probation violations to the state attorney and presiding circuit

190 judge as required by law, and

191 WHEREAS, this claim bill is supported by the Broward County

192 Sheriff's Office, the Florida Police Benevolent Association, and

193 the International Union of Police Associations, and

194 WHEREAS, given the unique and tragic circumstances of this

195 case, including the attempted murder and permanent disability of

196 a sworn Florida police officer who was critically and

197 permanently injured in the line of duty, Deputy Hernandez is

198 deserving of legislative grace and the Legislature's exercise of

199 its exclusive authority to appropriate funds to compensate him

200 for his injuries and economic damages, and

201 WHEREAS, Deputy Hernandez's injuries include permanent

202 brain injuries and impairment, including hemiparesis to the

203 entire left side of his body, severe motor and sensory nerve

204 damage, spasticity, numbness and muscle weakness, impaired

205 walking and balance, cognitive impairment, hydrocephalus treated

206 with the insertion of a ventriculoperitoneal shunt that drains

207 excess cerebrospinal fluid from his brain's ventricles into his

208 abdomen, a silicone plate that covers a third of his skull, and

209 fragments of the .45 caliber bullet which remain permanently

210 lodged in his brain, and

211 WHEREAS, Deputy Hernandez has endured multiple surgeries,

212 including a tracheostomy, multiple brain surgeries,

213 hydrocephalus shunt surgery, and months of inpatient hospital

214 care, followed by a year of daylong physical, occupational,

215 speech, visual, cognitive, and psychological therapy, and

216 WHEREAS, Deputy Hernandez continued to receive various

217 therapies and medical care on a daily basis for more than 3

218 years until his insurance provider discontinued payments to

219 health care providers, and

220 WHEREAS, to regain and restore maximum medical stability,

221 Deputy Hernandez needs to resume the medical care and

222 professional therapy treatments he no longer receives, but he is

223 without financial resources to do so, and

224 WHEREAS, at the time of his injury, Deputy Hernandez was

225 earning an annual salary of approximately $60,000, in addition

226 to medical and retirement benefits, and

227 WHEREAS, Deputy Hernandez attempted to return to work at

228 the Broward County Sheriff's Office but was unable to perform to

229 minimum standards, and

230 WHEREAS, Deputy Hernandez has been declared by his

231 physicians to be totally and permanently disabled, and he is

232 unable to earn a living, and

233 WHEREAS, Deputy Hernandez has suffered economic damages,

234 including lost income and the capacity to earn income and

235 related benefits, including medical insurance and retirement

236 benefits, and

237 WHEREAS, a life care plan and vocational impact report

238 formulated by an independent certified comprehensive care plan

239 company with more than 35 years of experience providing medical

240 case management, vocational services, and rehabilitative

241 services to individuals and insurance companies, in consultation

242 with and reliance upon the opinions of Deputy Hernandez's

243 physicians, assessed his future medical and life care needs,

244 which will amount to $2,243,981.97, and

245 WHEREAS, the study found that Deputy Hernandez's wage

246 losses and earning capacity amount to $3,353,924.70 had he

247 remained in law enforcement, and

248 WHEREAS, a lien has been filed against Deputy Hernandez in

249 the amount of $1,133,448.06 by 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 approximately $6,731,354.73, 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,

265 Be It Enacted by the Legislature of the State of Florida:

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 that former Broward County Sheriff's Deputy Maury Hernandez

272 should be granted relief for the injuries and damages he

273 suffered while in the line of duty as a consequence of the

274 Department of Corrections' failure to enforce probation

275 regulations and policies then in place, in violation of state

276 law.

277 Section 3. The sum of $5 million is appropriated from the

278 General Revenue Fund to the Department of Corrections for the

279 relief of Maury Hernandez for injuries and damages sustained.

280 The Chief Financial Officer is directed to draw Section 4.

281 a warrant in favor of Maury Hernandez in the amount of $5

282 million upon funds of the Department of Corrections in the State

283 Treasury, and the Chief Financial Officer is directed to pay the

284 same out of such funds in the State Treasury.

285 Section 5. It is the intent of the Legislature that any

286 lien interests held by the state arising from the treatment and

287 care of Maury Hernandez for the occurrences described in this

288 act be waived.

289 Section 6. The amount awarded under this act is intended

290 to provide the sole compensation for all present and future

291 claims arising out of the factual situation described in this

292 act. The total amount paid for attorney fees relating to this

293 claim may not exceed 25 percent of the amount awarded under this

294 act.

295 Section 7. This act shall take effect upon becoming a law.