Florida HB 6511: Relief/Maury Hernandez/Department of Corrections

Bill Text

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HB 6511 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6511-00
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A bill to be entitled 1
An act relating to the relief of Maury Hernandez; 2
providing an appropriation to compensate former 3
Broward County Sheriff's Deputy Maury Hernandez for 4
injuries and damages sustained as a consequence of the 5
Department of Corrections' failures to enforce 6
probation laws, regulations, and policies; providing 7
legislative intent that certain liens be waived; 8
providing a limitation on the payment of compensation 9
and attorney fees; providing an effective date. 10
11
WHEREAS, at 11:45 a.m. on August 6, 2007, Broward County 12
Sheriff's Deputy Maury Hernandez, then 28 years of age, was 13
operating a vehicle assigned to him by the sheriff's office and 14
was within its jurisdiction when he observed David Maldonado, 15
then 23 years of age, the operator of a motorcycle, fail to stop 16
at three traffic signals on Pembroke Road, and 17
WHEREAS, Deputy Hernandez engaged his lights and stopped 18
Mr. Maldonado at a location within the 3700 block of Pembroke 19
Road, where he parked and got out of his vehicle, approached Mr. 20
Maldonado, identified himself as a deputy sheriff, and displayed 21
his badge, and 22
WHEREAS, Mr. Maldonado falsely identified himself as a 23
police officer from Opa-locka and, when asked to produce 24
identification, dropped his motorcycle, pushed Deputy Hernandez, 25

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HB 6511 2026

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hb6511-00
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and fled on foot, at which time Deputy Hernandez gave chase, 26
also on foot, and 27
WHEREAS, during the chase, Mr. Maldonado suddenly turned 28
around and fired two rounds from a .45 caliber handgun, striking 29
Deputy Hernandez in the head, and 30
WHEREAS, although Deputy Hernandez was critically wounded, 31
he miraculously survived the shooting and was rushed to Memorial 32
Regional Hospital in Hollywood, where he was in a coma and was 33
placed on life support, and 34
WHEREAS, shortly after the shooting, Mr. Maldonado was 35
apprehended by Hollywood police in a nearby condominium complex 36
where he had attempted a carjacking, and 37
WHEREAS, Mr. Maldonado was ultimately charged and convicted 38
of attempted murder in the first degree and numerous probation 39
violations and is currently serving a life sentence, and 40
WHEREAS, four months before the shooting, on April 18, 41
2007, Mr. Maldonado, a habitual traffic offender with a history 42
of multiple drug offenses and an illegal concealed weapon 43
conviction, pled no contest to felony traffic charges and was 44
placed on probation for 24 months, and 45
WHEREAS, the Department of Corrections' records document 46
that in April and May of 2007, before the shooting of Deputy 47
Hernandez, Mr. Maldonado twice admitted to his probation 48
officers that he illegally possessed a firearm in violation of 49
Florida law, the department's zero-tolerance policy, and the 50

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HB 6511 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6511-00
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conditions of his probation supervision, but his probation 51
officers simply warned him that he could not possess a weapon 52
and did not report the violations to the state attorney or to 53
the presiding circuit judge, and 54
WHEREAS, on June 28, 2007, Mr. Maldonado admitted a third 55
probation violation for buying and using illegal drugs in 56
violation of s. 948.03, Florida Statutes, which prohibits 57
probationers from possessing drugs or narcotics unless 58
prescribed by a physician, and violating the conditions of his 59
probation, but the probation officer failed to report the 60
violation, and 61
WHEREAS, under former s. 948.03, Florida Statutes (now s. 62
790.23, Florida Statutes), Mr. Maldonado was prohibited from 63
possessing, carrying, or owning any firearm unless authorized by 64
the court, and 65
WHEREAS, s. 944.09, Florida Statutes, requires the 66
Department of Corrections to supervise probationers, stay 67
informed about the probationers' conduct, and cooperate with 68
circuit courts exercising criminal jurisdiction over 69
probationers, and 70
WHEREAS, rule 33-302.1031, Florida Administrative Code, 71
implements s. 944.09, Florida Statutes, and provides that 72
probation officers under the authority of the Department of 73
Corrections are responsible for supervision and control of 74
offenders, including enforcing conditions of supervision, 75

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HB 6511 2026

CODING: Words stricken are deletions; words underlined are additions.
hb6511-00
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conducting investigations, and initiating arrest of offenders 76
under their supervision, as appropriate, with or without a 77
warrant, and 78
WHEREAS,