S 10

Florida Senate - 2026  (NP)    SB 10
By Senator Rodriguez
40-00086-26  202610__
1A bill to be entitled
2An act relating to the relief of Maury Hernandez;
3providing an appropriation to compensate former
4Broward County Sheriff’s Deputy Maury Hernandez for
5injuries and damages sustained as a consequence of the
6Department of Corrections’ failures to enforce
7probation laws, regulations, and policies; providing
8legislative intent that certain liens be waived;
9providing a limitation on the payment of compensation
10and attorney fees; providing an effective date.
11
12WHEREAS, at 11:45 a.m. on August 6, 2007, Broward County
13Sheriff’s Deputy Maury Hernandez, then 28 years of age, was
14operating a vehicle assigned to him by the sheriff’s office and
15was within its jurisdiction when he observed David Maldonado,
16then 23 years of age, the operator of a motorcycle, fail to stop
17at three traffic signals on Pembroke Road, and
18WHEREAS, Deputy Hernandez engaged his lights and stopped
19Mr. Maldonado at a location within the 3700 block of Pembroke
20Road, where he parked and got out of his vehicle, approached Mr.
21Maldonado, identified himself as a deputy sheriff, and displayed
22his badge, and
23WHEREAS, Mr. Maldonado falsely identified himself as a
24police officer from Opa-locka and, when asked to produce
25identification, dropped his motorcycle, pushed Deputy Hernandez,
26and fled on foot, at which time Deputy Hernandez gave chase,
27also on foot, and
28WHEREAS, during the chase, Mr. Maldonado suddenly turned
29around and fired two rounds from a .45 caliber handgun, striking
30Deputy Hernandez in the head, and
31WHEREAS, although Deputy Hernandez was critically wounded,
32he miraculously survived the shooting and was rushed to Memorial
33Regional Hospital in Hollywood, where he was in a coma and was
34placed on life support, and
35WHEREAS, shortly after the shooting, Mr. Maldonado was
36apprehended by Hollywood police in a nearby condominium complex
37where he had attempted a carjacking, and
38WHEREAS, Mr. Maldonado was ultimately charged and convicted
39of attempted murder in the first degree and numerous probation
40violations and is currently serving a life sentence, and
41WHEREAS, four months before the shooting, on April 18,
422007, Mr. Maldonado, a habitual traffic offender with a history
43of multiple drug offenses and an illegal concealed weapon
44conviction, pled no contest to felony traffic charges and was
45placed on probation for 24 months, and
46WHEREAS, the Department of Corrections’ records document
47that in April and May of 2007, before the shooting of Deputy
48Hernandez, Mr. Maldonado twice admitted to his probation
49officers that he illegally possessed a firearm in violation of
50Florida law, the department’s zero-tolerance policy, and the
51conditions of his probation supervision, but his probation
52officers simply warned him that he could not possess a weapon
53and did not report the violations to the state attorney or to
54the presiding circuit judge, and
55WHEREAS, on June 28, 2007, Mr. Maldonado admitted a third
56probation violation for buying and using illegal drugs in
57violation of s. 948.03, Florida Statutes, which prohibits
58probationers from possessing drugs or narcotics unless
59prescribed by a physician, and violating the conditions of his
60probation, but the probation officer failed to report the
61violation, and
62WHEREAS, under former s. 948.03, Florida Statutes (now s.
63790.23, Florida Statutes), Mr. Maldonado was prohibited from
64possessing, carrying, or owning any firearm unless authorized by
65the court, and
66WHEREAS, s. 944.09, Florida Statutes, requires the
67Department of Corrections to supervise probationers, stay
68informed about the probationers’ conduct, and cooperate with
69circuit courts exercising criminal jurisdiction over
70probationers, and
71WHEREAS, rule 33-302.1031, Florida Administrative Code,
72implements s. 944.09, Florida Statutes, and provides that
73probation officers under the authority of the Department of
74Corrections are responsible for supervision and control of
75offenders, including enforcing conditions of supervision,
76conducting investigations, and initiating arrest of offenders
77under their supervision, as appropriate, with or without a
78warrant, and
79WHEREAS, rule 33-302.1031, Florida Administrative Code,
80further provides that a probation officer must notify the
81sentencing or releasing authority whenever the officer has
82reasonable grounds to believe that a willful violation of any
83condition of supervision has occurred, and
84WHEREAS, in 2003, the Department of Corrections established
85a zero-tolerance policy requiring probation officers to report
86all technical violations committed by offenders on community
87control to the court, and the department extended this policy in
882004 to all offenders under community supervision in response to
89several cases in which supervised offenders committed murders,
90and
91WHEREAS, the Department of Corrections modified its zero
92tolerance policy in August 2007 to require probation officers to
93report only willful violations, such as the violations committed
94by Mr. Maldonado, which are purposely committed by an offender
95or over which the offender had control, and
96WHEREAS, shortly after the shooting, and while Deputy
97Hernandez remained hospitalized and struggling for his life, a
98Department of Corrections’ spokesperson defended the probation
99officers’ actions as “errors in judgment,” stating that
100“everything was done by the book,” the department had counseled
101the probation officer to “keep his case notes and records
102complete and up to date,” and the probation officer had the
103support of, and remained employed by, the department despite his
104clear violations of the department’s zero-tolerance policy, and
105WHEREAS, by virtue of its zero-tolerance policy in effect
106at the time of Deputy Hernandez’s shooting, the Department of
107Corrections had a nondiscretionary duty to timely report Mr.
108Maldonado’s violations of law and the conditions of his
109probation to the state attorney’s office and the presiding
110circuit judge, but failed to act on his repeated probation
111violations, and
112WHEREAS, not only did the Department of Corrections fail to
113report Mr. Maldonado’s illegal possession of a firearm, but his
114probation file showed the use of illegal drugs and was replete
115with omissions and false statements, including claims that Mr.
116Maldonado was a United States Marine headed to Iraq and worked
117as an armed security guard, even though it is illegal for felons
118and probationers to use drugs or possess a weapon, and
119WHEREAS, Mr. Maldonado’s 70-page probation file contained
120no evidence that the probation officers ever contacted his
121alleged employers to confirm his job status or made sure he had
122given up his weapons, and
123WHEREAS, the Broward County Sheriff’s investigation of
124Deputy Hernandez’s shooting concluded that, had the Department
125of Corrections brought the repeated violations of Mr.
126Maldonado’s probation to the attention of the state attorney and
127presiding circuit judge, Mr. Maldonado would have been in jail
128at the time of the shooting, and
129WHEREAS, the state attorney’s office for the Seventeenth
130Judicial Circuit, in and for Broward County, concurred that Mr.
131Maldonado’s violations were “serious” and should have been
132reported by the Department of Corrections to the state attorney
133and the presiding circuit judge and, had Mr. Maldonado’s
134violations been reported, he would have been jailed without bail
135and would not have been on the streets when he shot Deputy
136Hernandez, and
137WHEREAS, after the shooting, the Department of Corrections
138announced that Mr. Maldonado’s probation file had been turned
139over to the department’s Office of Inspector General for review,
140but no report or any record of a department review exist, nor to
141this day has the department explained why Mr. Maldonado’s
142multiple violations of law, department policy, and the terms of
143his probation were not enforced and reported to the state
144attorney and presiding circuit judge as required by law, and
145WHEREAS, a lawsuit was filed on behalf of Deputy Hernandez
146in the Seventeenth Judicial Circuit which sought relief under s.
147768.28, Florida Statutes, but was dismissed by the trial court
148on January 27, 2016, the court holding that under existing
149Florida case law, the Department of Corrections owed no specific
150or special legal duty of care to Deputy Hernandez, who is
151without a legal or administrative remedy for his claim, and
152WHEREAS, despite the court’s ruling that Deputy Hernandez
153is without a legal remedy, Florida legislative precedent dating
154back to 1831, as stated in the Legislative Claim Bill Manual
155(2022), defines a claim bill to be “a means by which an injured
156party may recover damages even though the public officer or
157agency involved may be immune from suit,” and
158WHEREAS, the Florida Supreme Court and appellate courts
159acknowledge relief for “equitable claims filed without an
160underlying excess judgment” or settlement, and the far-reaching
161circumstances under which the Legislature may extend equitable
162relief for an injured party even though the public officer or
163agency may be immune from suit, and
164WHEREAS, these cases include Gamble v. Wells, 450 So.2d 850
165(Fla. 1984), holding that any claim bill, whether based on an
166existing judgment, a settlement, or an equitable claim, is an
167“act of legislative grace” and “a voluntary recognition of its
168moral obligation by the legislature,” and is “firmly entrenched
169in legislative discretion”; Searcy Denney, et al. vs. State of
170Fla., 209 So.3d 1181 (Fla. 2017), citing Noel v. Schlesinger,
171P.A., 984 So.2d 1265 (Fla. 4th DCA 2008) and Gamble v. Wells,
172supra; Dickinson v. Bradley, 298 So.2d 352 (Fla. 1974), in which
173the Florida Supreme Court stated that the “purpose” of any
174legislative relief act is to “discharge the state’s moral
175obligation to any individual or entity whom or which the
176legislature recognizes as being entitled to such”; and Jetton v.
177Jacksonville Electric Authority, 399 So.2d 396, 397 (Fla. 1st
178DCA 1981), holding that while the Legislature has placed limits
179on recovery, “claimants remain free to seek legislative relief
180bills, as they did during days of complete sovereign immunity,”
181and
182WHEREAS, the facts as set forth herein establish that the
183Department of Corrections failed to follow state law,
184regulations, and policies and take action to prevent a convicted
185felon on probation from possessing a weapon; to enforce numerous
186other serious and willful probation violations committed by a
187probationer who falsely claimed to be a United States Marine;
188and to supervise, investigate, enforce, and report any of these
189probation violations to the state attorney and presiding circuit
190judge as required by law, and
191WHEREAS, this claim bill is supported by the Broward County
192Sheriff’s Office, the Florida Police Benevolent Association, and
193the International Union of Police Associations, and
194WHEREAS, given the unique and tragic circumstances of this
195case, including the attempted murder and permanent disability of
196a sworn Florida police officer who was critically and
197permanently injured in the line of duty, Deputy Hernandez is
198deserving of legislative grace and the Legislature’s exercise of
199its exclusive authority to appropriate funds to compensate him
200for his injuries and economic damages, and
201WHEREAS, Deputy Hernandez’s injuries include permanent
202brain injuries and impairment, including hemiparesis to the
203entire left side of his body, severe motor and sensory nerve
204damage, spasticity, numbness and muscle weakness, impaired
205walking and balance, cognitive impairment, hydrocephalus treated
206with the insertion of a ventriculoperitoneal shunt that drains
207excess cerebrospinal fluid from his brain’s ventricles into his
208abdomen, a silicone plate that covers a third of his skull, and
209fragments of the .45 caliber bullet which remain permanently
210lodged in his brain, and
211WHEREAS, Deputy Hernandez has endured multiple surgeries,
212including a tracheostomy, multiple brain surgeries,
213hydrocephalus shunt surgery, and months of inpatient hospital
214care, followed by a year of daylong physical, occupational,
215speech, visual, cognitive, and psychological therapy, and
216WHEREAS, Deputy Hernandez continued to receive various
217therapies and medical care on a daily basis for more than 3
218years until his insurance provider discontinued payments to
219health care providers, and
220WHEREAS, to regain and restore maximum medical stability,
221Deputy Hernandez needs to resume the medical care and
222professional therapy treatments he no longer receives, but he is
223without financial resources to do so, and
224WHEREAS, at the time of his injury, Deputy Hernandez was
225earning an annual salary of approximately $60,000, in addition
226to medical and retirement benefits, and
227WHEREAS, Deputy Hernandez attempted to return to work at
228the Broward County Sheriff’s Office but was unable to perform to
229minimum standards, and
230WHEREAS, Deputy Hernandez has been declared by his
231physicians to be totally and permanently disabled, and he is
232unable to earn a living, and
233WHEREAS, Deputy Hernandez has suffered economic damages,
234including lost income and the capacity to earn income and
235related benefits, including medical insurance and retirement
236benefits, and
237WHEREAS, a life care plan and vocational impact report
238formulated by an independent certified comprehensive care plan
239company with more than 35 years of experience providing medical
240case management, vocational services, and rehabilitative
241services to individuals and insurance companies, in consultation
242with and reliance upon the opinions of Deputy Hernandez’s
243physicians, assessed his future medical and life care needs,
244which will amount to $2,243,981.97, and
245WHEREAS, the study found that Deputy Hernandez’s wage
246losses and earning capacity amount to $3,353,924.70 had he
247remained in law enforcement, and
248WHEREAS, a lien has been filed against Deputy Hernandez in
249the amount of $1,133,448.06 by the workers’ compensation insurer
250that paid benefits for past medical and wage-related expenses,
251and
252WHEREAS, Deputy Hernandez’s total economic damages amount
253to approximately $6,731,354.73, and
254WHEREAS, in addition to his economic damages, Deputy
255Hernandez has suffered devastating permanent injuries and
256damages, including severe bodily injury, excruciating pain and
257suffering, total disability, physical and mental impairment,
258disfigurement, mental anguish, inconvenience, loss of enjoyment
259of life, and financial hardship, and
260WHEREAS, Deputy Hernandez, without a legal or
261administrative remedy to seek redress for his injuries and
262damages, seeks equitable relief from the Legislature, NOW,
263THEREFORE,
264
265Be It Enacted by the Legislature of the State of Florida:
266
267Section 1. The facts stated in the preamble to this act are
268found and declared to be true.
269Section 2. The Legislature acknowledges that the state’s
270system of justice yielded an imperfect result in this case and
271that former Broward County Sheriff’s Deputy Maury Hernandez
272should be granted relief for the injuries and damages he
273suffered while in the line of duty as a consequence of the
274Department of Corrections’ failure to enforce probation
275regulations and policies then in place, in violation of state
276law.
277Section 3. The sum of $5 million is appropriated from the
278General Revenue Fund to the Department of Corrections for the
279relief of Maury Hernandez for injuries and damages sustained.
280Section 4. The Chief Financial Officer is directed to draw
281a warrant in favor of Maury Hernandez in the amount of $5
282million upon funds of the Department of Corrections in the State
283Treasury, and the Chief Financial Officer is directed to pay the
284same out of such funds in the State Treasury.
285Section 5. It is the intent of the Legislature that any
286lien interests held by the state arising from the treatment and
287care of Maury Hernandez for the occurrences described in this
288act be waived.
289Section 6. The amount awarded under this act is intended to
290provide the sole compensation for all present and future claims
291arising out of the factual situation described in this act. The
292total amount paid for attorney fees relating to this claim may
293not exceed 25 percent of the amount awarded under this act.
294Section 7. This act shall take effect upon becoming a law.