ENROLLED
       2009 Legislature                                          SB 524
       
       
       
       
       
       
                                                              2009524er
    1  
    2         An act for the relief of Joseph Fatta, Jr., and
    3         Josephine Fatta by the Broward County Sheriff's
    4         Office; providing for an appropriation to compensate
    5         them for the death of their son, Deputy Todd Fatta, as
    6         a result of the negligence of the Broward County
    7         Sheriff's Office; providing a limitation on the
    8         payment of fees and costs; providing an effective
    9         date.
   10  
   11         WHEREAS, Kenneth Paul Wilk, a skilled marksman living in
   12  Ft. Lauderdale with his boyfriend Kelly Ray Jones, owned several
   13  firearms at his home, participated in shooting competitions
   14  throughout the state, and harbored a deep-seated hatred toward
   15  law enforcement personnel as evidenced by prior multiple
   16  threats, and
   17         WHEREAS, before August 18, 2004, Mr. Wilk was charged with
   18  assault on a law enforcement officer, confronted and verbally
   19  threatened a law enforcement officer in March of 2002, and
   20  created a disturbance at the offices of the Federal Bureau of
   21  Investigation in North Miami, Florida, in June of 2002, and
   22         WHEREAS, on July 15, 2004, Mr. Jones was arrested for the
   23  possession and transmission of child pornography, and in
   24  effectuating that arrest, the Broward County Sheriff’s Office
   25  used its S.W.A.T team because of the dangers posed at the
   26  residence that Mr. Jones and Mr. Wilk shared, and
   27         WHEREAS, after the arrest of Mr. Jones, Mr. Wilk wrote to
   28  Mr. Jones expressing that he desired to hurt someone, that he
   29  had lost respect for human life to the point that killing would
   30  be justified and enjoyed, and that he wanted to vent his rage
   31  against law enforcement personnel, and
   32         WHEREAS, on or about August 18, 2004, a United States
   33  magistrate judge issued federal search and arrest warrants for
   34  Mr. Wilk and his residence, and
   35         WHEREAS, due to Mr. Wilk’s criminal history, his prior
   36  multiple threats against law enforcement officers, and his
   37  possession of firearms at his home, the S.W.A.T team of the
   38  Broward County Sheriff’s Office was required to execute the
   39  search and arrest warrants pursuant to the policies and
   40  procedures of the sheriff's office; however, the request for the
   41  S.W.A.T team to execute the warrants was denied within the chain
   42  of command of the sheriff’s office, and
   43         WHEREAS, as a result of the denial, regular uniformed
   44  police officers, including Deputy Todd Fatta from the Auto Theft
   45  Task Force of the Broward County Sheriff’s Office, were ordered
   46  to execute the search and arrest warrants, and
   47         WHEREAS, on August 18, 2004, there was a detailed briefing
   48  regarding Mr. Wilk, but Deputy Fatta or other police officers
   49  from the Auto Theft Task Force were not invited to that
   50  briefing, and
   51         WHEREAS, when the Auto Theft Task Force attempted to
   52  execute the search and arrest warrants the following day, Mr.
   53  Wilk shot and killed Deputy Fatta as he entered Mr. Wilk’s
   54  residence, and
   55         WHEREAS, even though Deputy Fatta and the officers from the
   56  Auto Theft Task Force were given a very short briefing in a
   57  parking lot before the execution of the search and arrest
   58  warrants on August 19, 2004, Deputy Fatta had no knowledge about
   59  the investigation concerning Mr. Wilk and was unaware of the
   60  information about Mr. Wilk gathered by the Broward County
   61  Sheriff’s Office, and
   62         WHEREAS, the Broward County Sheriff’s Office knew about Mr.
   63  Wilk’s criminal history, prior multiple threats against law
   64  enforcement officers, and his possession of firearms in his
   65  home, and the Broward County Sheriff’s Office also knew that in
   66  order to serve the search and arrest warrants on Mr. Wilk, the
   67  S.W.A.T team was needed, and
   68         WHEREAS, the Broward County Sheriff’s Office knew or should
   69  have known that its failure to use the S.W.A.T team would result
   70  in great bodily injury or death; thus, the actions of the
   71  Broward County Sheriff’s Office constituted negligent conduct
   72  certain to cause injury or death, and
   73         WHEREAS, the tort claim on behalf of Joseph Fatta, Jr., and
   74  Josephine Fatta, as co-personal representatives of the Estate of
   75  Todd Fatta, deceased, was instituted in the circuit court of the
   76  17th Judicial Circuit in and for Broward County, Florida, and
   77         WHEREAS, former Broward County Sheriff Ken Jenne
   78  acknowledged under oath in sworn testimony that the policies and
   79  procedures of the Broward County Sheriff’s Office were violated
   80  when the sheriff's office failed to use the S.W.A.T team to
   81  execute the search and arrest warrants, and that Deputy Fatta’s
   82  death would have been avoided if the policies and procedures had
   83  been followed, and
   84         WHEREAS, a prior claim against Mr. Wilk, which was
   85  previously settled for $300,000, was tendered and accepted by
   86  the Plaintiffs, and a claim against the Broward County Sheriff’s
   87  Office was settled before trial and approved by the court on
   88  September 4, 2008, and
   89         WHEREAS, the settlement agreement provided for the payment
   90  of $200,000 by the Broward County Sheriff’s Office to the
   91  Plaintiffs under the statutory limits of liability set forth in
   92  s. 768.28, Florida Statutes, the entry of a consent judgment for
   93  $1.8 million, and an agreement with the Broward County Sheriff’s
   94  Office to cooperate and support the filing of a claim bill not
   95  exceeding $1.8 million, NOW, THEREFORE,
   96  
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. The facts stated in the preamble to this act are
  100  found and declared to be true.
  101         Section 2. Broward County Sheriff's Office is authorized
  102  and directed to appropriate from funds of the sheriff's office
  103  not otherwise encumbered and to draw a warrant in the sum of
  104  $1.8 million, payable to Joseph Fatta, Jr., and Josephine Fatta,
  105  co-personal representatives of the Estate of Todd Fatta,
  106  deceased, as compensation for the death of Deputy Todd Fatta
  107  which was due to gross negligence by the Broward County
  108  Sheriff's Office.
  109         Section 3. This award is intended to provide the sole
  110  compensation for all present and future claims arising out of
  111  the factual situation described in this act which resulted in
  112  the death of Deputy Todd Fatta. The total amount paid for
  113  attorney's fees, lobbying fees, costs, and other similar
  114  expenses relating to this claim may not exceed 25 percent of the
  115  amount awarded under this act.
  116         Section 4. This act shall take effect upon becoming a law.