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FL S0020
CL
AI Summary
- Appropriates $10 million from the General Revenue Fund through the Department of Corrections to compensate Maury Hernandez, a former Broward County Sheriff's Office deputy who was shot in the head on August 6, 2007, by David Maldonado, a probationer whose repeated violations the Department of Corrections allegedly failed to report
- Maldonado was on 24-month felony probation and admitted to his probation officer that he possessed a firearm and used alcohol and nonprescribed drugs, but the Department of Corrections never enforced its zero-tolerance policy or reported the violations to the state attorney's office or presiding judge
- Deputy Hernandez, 28 years old at the time, suffered permanent brain injury, hemiparesis, cognitive deficits, and permanent bullet fragments in his brain; he was in a coma for 3 weeks, hospitalized for nearly 3 months, and remains unable to work or earn a living
- A lawsuit filed under Section 768.28, Florida Statutes, was dismissed by the trial court, which held the Department of Corrections owed no duty of care to Deputy Hernandez despite its failure to follow its own policies and state law
- Directs that any state lien interests arising from Hernandez's treatment and care be waived, caps attorney fees at 25 percent of the award, and designates the $10 million as sole compensation for all present and future claims
Legislative Description
Relief of Maury Hernandez/Department of Corrections
Last Action
Died in Special Master on Claim Bills
5/5/2023
Full Bill Text
No bill text available