HB 1543

1	A bill to be entitled
2	An act for the relief of Joseph Fatta, Jr., and Josephine
3	Fatta by the Broward County Sheriff's Office; providing
4	for an appropriation to compensate them for the death of
5	their son, Deputy Todd Fatta, as a result of the
6	negligence of the Broward County Sheriff's Office;
7	providing a limitation on the payment of fees and costs;
8	providing an effective date.
9
10	WHEREAS, Kenneth Paul Wilk, a skilled marksman living in
11	Ft. Lauderdale with his boyfriend Kelly Ray Jones, owned several
12	firearms at his home, participated in shooting competitions
13	throughout the state, and harbored a deep-seated hatred toward
14	law enforcement personnel as evidenced by prior multiple
15	threats, and
16	WHEREAS, before August 18, 2004, Mr. Wilk was charged with
17	assault on a law enforcement officer, confronted and verbally
18	threatened a law enforcement officer in March of 2002, and
19	created a disturbance at the offices of the Federal Bureau of
20	Investigation in North Miami, Florida, in June of 2002, and
21	WHEREAS, on July 15, 2004, Mr. Jones was arrested for the
22	possession and transmission of child pornography, and in
23	effectuating that arrest, the Broward County Sheriff's Office
24	used its S.W.A.T team because of the dangers posed at the
25	residence that Mr. Jones and Mr. Wilk shared, and
26	WHEREAS, after the arrest of Mr. Jones, Mr. Wilk wrote to
27	Mr. Jones expressing that he desired to hurt someone, that he
28	had lost respect for human life to the point that killing would
29	be justified and enjoyed, and that he wanted to vent his rage
30	against law enforcement personnel, and
31	WHEREAS, on or about August 18, 2004, a United States
32	magistrate judge issued federal search and arrest warrants for
33	Mr. Wilk and his residence, and
34	WHEREAS, due to Mr. Wilk's criminal history, his prior
35	multiple threats against law enforcement officers, and his
36	possession of firearms at his home, the S.W.A.T team of the
37	Broward County Sheriff's Office was required to execute the
38	search and arrest warrants pursuant to the policies and
39	procedures of the sheriff's office; however, the request for the
40	S.W.A.T team to execute the warrants was denied within the chain
41	of command of the sheriff's office, and
42	WHEREAS, as a result of the denial, regular uniformed
43	police officers, including Deputy Todd Fatta from the Auto Theft
44	Task Force of the Broward County Sheriff's Office, were ordered
45	to execute the search and arrest warrants, and
46	WHEREAS, on August 18, 2004, there was a detailed briefing
47	regarding Mr. Wilk, but Deputy Fatta or other police officers
48	from the Auto Theft Task Force were not invited to that
49	briefing, and
50	WHEREAS, when the Auto Theft Task Force attempted to
51	execute the search and arrest warrants the following day, Mr.
52	Wilk shot and killed Deputy Fatta as he entered Mr. Wilk's
53	residence, and
54	WHEREAS, even though Deputy Fatta and the officers from the
55	Auto Theft Task Force were given a very short briefing in a
56	parking lot before the execution of the search and arrest
57	warrants on August 19, 2004, Deputy Fatta had no knowledge about
58	the investigation concerning Mr. Wilk and was unaware of the
59	information about Mr. Wilk gathered by the Broward County
60	Sheriff's Office, and
61	WHEREAS, the Broward County Sheriff's Office knew about Mr.
62	Wilk's criminal history, prior multiple threats against law
63	enforcement officers, and his possession of firearms in his
64	home, and the Broward County Sheriff's Office also knew that in
65	order to serve the search and arrest warrants on Mr. Wilk, the
66	S.W.A.T team was needed, and
67	WHEREAS, the Broward County Sheriff's Office knew or should
68	have known that its failure to use the S.W.A.T team would result
69	in great bodily injury or death; thus, the actions of the
70	Broward County Sheriff's Office constituted negligent conduct
71	certain to cause injury or death, and
72	WHEREAS, the tort claim on behalf of Joseph Fatta, Jr., and
73	Josephine Fatta, as co-personal representatives of the Estate of
74	Todd Fatta, deceased, was instituted in the Circuit Court of the
75	17th Judicial Circuit in and for Broward County, Florida, and
76	WHEREAS, former Broward County Sheriff Ken Jenne
77	acknowledged under oath in sworn testimony that the policies and
78	procedures of the Broward County Sheriff's Office were violated
79	when the sheriff's office failed to use the S.W.A.T team to
80	execute the search and arrest warrants, and that Deputy Fatta's
81	death would have been avoided if the policies and procedures had
82	been followed, and
83	WHEREAS, a prior claim against Mr. Wilk, which was
84	previously settled for $300,000, was tendered and accepted by
85	the plaintiffs, and a claim against the Broward County Sheriff's
86	Office was settled before trial and approved by the court on
87	September 4, 2008, and
88	WHEREAS, the settlement agreement provided for the payment
89	of $200,000 by the Broward County Sheriff's Office to the
90	plaintiffs under the statutory limits of liability set forth in
91	s. 768.28, Florida Statutes, the entry of a consent judgment for
92	$1.8 million, and an agreement with the Broward County Sheriff's
93	Office to cooperate and support the filing of a claim bill not
94	exceeding $1.8 million, NOW, THEREFORE,
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  The facts stated in the preamble to this act
99	are found and declared to be true.
100	Section 2.  The Broward County Sheriff's Office is
101	authorized and directed to appropriate from funds of the
102	sheriff's office not otherwise encumbered and to draw a warrant
103	in the sum of $1.8 million, payable to Joseph Fatta, Jr., and
104	Josephine Fatta, co-personal representatives of the Estate of
105	Todd Fatta, deceased, as compensation for the death of Deputy
106	Todd Fatta which was due to gross negligence by the Broward
107	County Sheriff's Office.
108	Section 3.  This award is intended to provide the sole
109	compensation for all present and future claims arising out of
110	the factual situation described in this act which resulted in
111	the death of Deputy Todd Fatta. The total amount paid for
112	attorney's fees, lobbying fees, costs, and other similar
113	expenses relating to this claim may not exceed 25 percent of the
114	amount awarded under this act.
115	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.