Andrew Powell
A former Broward County Sheriff’s deputy could be awarded compensation for injuries he sustained while carrying out his duties.
Hialeah Republican Rep. Alex Rizo has filed a claims bill (HB 6527) to provide an appropriation to compensate former Sheriff’s Deputy Maury Hernandez for injuries and damages sustained as a consequence of failures by the Department of Corrections (DOC) to enforce probation laws, regulations and policies.
The bill states that on Aug. 6, 2007, Hernandez, who was 28 at the time, observed 23-year-old David Maldonado failing to stop at three traffic signals. After stopping Maldonado and identifying himself as a deputy Sheriff — Maldonado falsely claimed to be a police officer from Opa-locka. Upon asking for identification, Maldonado dropped his motorcycle and fled on foot, resulting in an on-foot pursuit.
Maldonado then fired two rounds from a .45 caliber handgun, striking Hernandez in the head and critically wounding him. Hernandez survived the shooting and was rushed to Memorial Regional Hospital in Hollywood, where he was in a coma and placed on life support.
Apprehended by Hollywood police in a nearby condominium complex where Maldonado had attempted to carry out a carjacking, he was ultimately charged and convicted of attempted murder in the first degree and numerous probation violations. Maldonado is currently serving a life sentence in prison.
The bill notes that four months prior to the incident, on April 18, 2007, Maldonado had pleaded no contest to felony traffic charges and had been placed on probation for 24 months. Maldonado was a habitual traffic offender, with a long history of drug offences and an illegal concealed weapon conviction.
DOC records documented that Maldonado had told his probation officer twice that he illegally possessed a firearm in violation of Florida law, the DOC’s zero-tolerance policy, and the conditions of his probation. However, it was found that Maldonado was only warned that he could not possess a firearm by his probation officer — who did not report the violations to the State Attorney or to the presiding circuit Judge.
Maldonado admitted that he had violated his probation a third time in June of 2007, after buying and using illegal drugs. But again, the violation was not reported by his probation officer.
Florida statutes require the DOC and its officers to supervise and stay informed about a probationers’ conduct while cooperating with circuit courts presiding over those on probation.
Shortly after Hernandez was shot, the bill points out that a DOC spokesperson had defended the probation officers’ actions, calling them “errors in judgement” and stating that “everything was done by the book.”
The DOC further claimed the probation officer had been counseled to “keep his case notes and records complete and up to date,” while the probation officer was supported by and continued his employment with the DOC, despite clear violations of the zero-tolerance policy.
It was further found that the DOC had failed to report false statements made by Maldonado — where he claimed to be a U.S. Marine — while his 70-page probation file contained no evidence that probation officers had contacted his employers, confirmed his job status, or made sure Maldonado surrendered his weapons.
An investigation by the Broward County Sheriff’s Office concluded that had the DOC alerted the State Attorney or presiding Judge to Maldonado’s probation violations, he would have been in jail at the time of the shooting — a conclusion that was supported by the State Attorney’s Office for the 17th Judicial Circuit in Broward County.
The DOC then announced that Maldonado’s probation file had been turned over to the Office of Inspector General for review. However, no records or report of a Department review was found to exist, nor was there any explanation given as to why Maldonado’s multiple violations were not reported or enforced.
A lawsuit was filed on behalf of Hernandez which sought relief, but it was dismissed by the trial court in January 2016. The court noted that the DOC owed no specific or special legal duty of care to Hernandez, who was left without a legal or administrative remedy for his claim.
The Legislative Claim Bill Manual revised in 2024 defines a claims bill to be “a means by which an injured party may recover damages even though the public officer or agency involved may be immune from suit.” The Florida Supreme Court has previously stated that the purpose of a legislative relief act is to “discharge the state’s moral obligation to any individual or entity who or which the legislature recognizes as being entitled to such.”
Rizo’s bill further states that the facts surrounding Hernandez’s shooting show the DOC failed to follow state laws and take action to prevent a convicted felon from possessing a firearm and enforce other probation violations. The claims bill is supported by the Broward County Sheriff’s Office, the Police Benevolent Association and the International Union of Police Associations.
Because of the unique circumstances of the case, Rizo says Hernandez is deserving of legislative grace to compensate him for his injuries, which include brain injuries and impairment, severe motor and sensory nerve damage, numbness and muscle weakness, impaired walking and balance, and cognitive impairment.
Hernandez also has a silicone plate in his head along with remaining fragments of the .45 caliber bullet that was lodged into his brain. He has endured multiple surgeries, months of inpatient hospital care and a year of various physical, occupational, speech, visual, cognitive and psychological therapies.
At the time of his shooting, Hernandez was receiving a salary of $60,000 per year. After he recovered, he then attempted to return to work but was unable to perform to minimum standards. As a result, physicians declared Hernandez to be totally and permanently disabled, and he is now unable to earn a living.
It was found that Hernandez’s economic damages amount to $6.73 million, which includes the cost of future medical care and life care needs, lost wages and a $1.1 million lien that was filed against Hernandez by the workers’ compensation insurer that paid benefits for past medical and wage-related expenses.
The bill would appropriate $5 million from the General Revenue Fund and further requests that any lien interests held by the state in regard to Hernandez’s treatment and care be waived. Attorneyd fees would be restricted to no more than 25% of the amount awarded, and the act would come into effect upon becoming law.
