SB 10: Relief of Maury Hernandez by the Department of Corrections
SB 10 is a claims bill that provides legislative relief to former Broward County Sheriff’s Deputy Maury Hernandez for catastrophic injuries he suffered in the line of duty in 2007. The bill’s findings describe how Hernandez stopped a probationer, David Maldonado, who then fled, shot Hernandez in the head, and later was convicted and sentenced to life in prison. The bill asserts that the Florida Department of Corrections failed to report repeated probation violations, including illegal firearm possession and drug use, despite policies and legal duties requiring supervision and reporting.
The bill appropriates $5 million from the General Revenue Fund to the Department of Corrections for Hernandez’s relief and directs the Chief Financial Officer to issue payment from state treasury funds. It also states that any state lien interests related to Hernandez’s treatment and care should be waived, and it caps attorney fees at 25 percent of the award. The act is intended to be the sole compensation for all present and future claims arising from the incident and becomes effective upon becoming law.
SB 10 would create a one-time, special appropriation outside the ordinary tort claims process to compensate a specific individual for injuries attributed to state agency failures. It does not broadly amend probation or corrections statutes, but it references and relies on existing provisions governing probation supervision, reporting duties, and the Department of Corrections’ responsibilities. If enacted, it would direct state funds to a named claimant, waive related state lien interests, and limit attorney compensation tied to the award.
The bill’s tone is strongly supportive of the claimant and critical of the Department of Corrections’ handling of the probationer’s supervision. The preamble frames the case as a tragic failure of state oversight and emphasizes Hernandez’s permanent disability, financial hardship, and lack of any other legal remedy. No committee transcripts or recorded votes were provided, so the available context shows only the bill’s introduced posture and the sponsor’s apparent intent to secure equitable relief.
The main point of contention is the asserted responsibility of the Department of Corrections: the bill alleges that probation officers failed to report serious and willful violations, while the department had a duty under law and policy to do so. Another likely issue is the use of a claim bill to provide compensation despite prior court rulings that Hernandez had no legal remedy under existing sovereign-immunity case law. The bill also addresses the size of the award, the waiver of liens, and the attorney-fee cap, which are typical areas of concern in private relief legislation.