FL H6527

Appropriates $5 million from the General Revenue Fund to compensate Maury Hernandez, a former Broward County Sheriff's Deputy who was shot in the head on August 6, 2007, by probationer David Maldonado during a traffic stop, resulting in permanent brain injuries and total disability

The Department of Corrections failed to report Maldonado's multiple known probation violations — including twice admitting to illegal firearm possession and illegal drug use — to the state attorney or presiding circuit judge, in violation of state law and the department's zero-tolerance policy; had violations been reported, Maldonado would have been jailed without bail before the shooting occurred

Deputy Hernandez's total economic damages are estimated at approximately $6,731,354.73, including $2,243,981.97 in future medical and life care needs and $3,353,924.70 in lost wages and earning capacity, with a $1,133,448.06 workers' compensation lien filed against him

Any state-held lien interests arising from Hernandez's treatment and care are intended to be waived, and attorney fees are capped at 25% of the awarded amount

The $5 million award constitutes sole compensation for all present and future claims, with the Legislature acknowledging the state's justice system yielded an imperfect result since existing case law held the Department of Corrections owed no specific legal duty of care to Hernandez