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
HB 6005 2024
1 A bill to be entitled
2 An act for the relief of Maury Hernandez; providing an
3 appropriation to compensate Maury Hernandez, a former
4 Broward County Sheriff's deputy, for injuries and
5 damages sustained as a consequence of the Department
6 of Corrections' failures to enforce probation laws,
7 regulations, and policies; providing legislative
8 intent that certain liens be waived; providing a
9 limitation on the payment of compensation and attorne y
10 fees; providing an effective date.
11
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 within its jurisdiction when he observed David Maldonado, then
16 23 years of age, the operator of a motorcycle, fail to stop at
17 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 Pembrok e
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,
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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 he is currently serving a life sentence, and
41 WHEREAS, 4 months before the shooting, on April 18, 2007,
42 Mr. Maldonado, a habitual traffic offender with a history of
43 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
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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 s. 948.03, Florida Statutes (now s. 790.23,
63 Florida Statutes), Mr. Maldonado was prohibited from possessing,
64 carrying, or owning any firearm unless authorized by the court,
65 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 implementing s. 944.09, Florida Statutes, provides that
73 probation officers under the authority of the Department of
74 Corrections are responsible for supervision and control of
75 offenders, including the enforcement of conditions of
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76 supervision, conducting investigations, and initiating arrest of
77 offenders under their supervision, as appropriate, with or
78 without a warrant, and
79 WHEREAS, rule 33-302.1031, Florida Administrative Code,
80 further provides that probation officers 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, that are purposely committed by an offender or
95 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 officer's actions as "errors in judgment," stating that
100 "everything was done by the book," the department had counseled
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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.
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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 th at 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 records of a department review exist, nor
141 to 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
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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
165 850 (Fla. 1984), holding that any claim bill, whether based on
166 an 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
173 which the Florida Supreme Court stated that the "purpose" of any
174 legislative relief act is to "discharge the state's moral
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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 Florida statutes,
184 regulations, and policies and take action to prevent a convicted
185 felon on probation from possessing a weapon; 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 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 set of circumstances
195 of this case, including the attempted murder and permanent
196 disability of a sworn Florida police officer who was critically
197 and permanently injured in the line of duty, Deputy Hernandez is
198 deserving of legislative grace and the Legislature's exercise of
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199 its exclusive authority to appropriate funds to compensate him
200 for his injuries and economic damages, and
201 WHEREAS, these injuries include permanent brain injuries
202 and impairment, including hemiparesis to the entire left side of
203 his body, severe motor and sensory nerve damage, spasticity,
204 numbness and muscle weakness, impaired walking and balance,
205 cognitive impairment, hydrocephalus treated with the insertion
206 of a ventriculoperitoneal shunt that drains excess cerebrospinal
207 fluid from his brain's ventricles into his abdomen, a silicone
208 plate that covers a third of his skull, and fragments of the .45
209 caliber bullet which remain permanently lodged in his brain, and
210 WHEREAS