Florida Senate - 2027 (NP) SB 14
By Senator Rodriguez
40-00019-27 202714__
1 A bill to be entitled
2 An act for the relief of the Estate of Juan Carlos
3 Martinez Silva by Miami-Dade County; providing for an
4 appropriation to compensate the estate for Mr.
5 Martinez Silva’s death as a result of the negligence
6 of a Miami-Dade County police officer; providing a
7 limitation on compensation and the payment of attorney
8 fees; providing an effective date.
9
10 WHEREAS, on February 27, 2021, Juan Carlos Martinez Silva,
11 a 40-year-old husband and father, was riding his bicycle
12 westbound on a two-lane road with a group of friends near Black
13 Point Park and Marina in southwest Miami-Dade County, traveling
14 at a speed between 21 and 24 miles per hour, and
15 WHEREAS, as Mr. Martinez Silva and his friends were
16 cycling, Officer Christopher Bendana of the Miami-Dade Police
17 Department received a call dispatching him to a larceny in
18 progress, but Officer Bendana was not authorized to drive faster
19 than the posted speed limit because the call was not a priority
20 emergency call, and
21 WHEREAS, in responding to the call, Officer Bendana drove
22 his police cruiser with his emergency lights activated but
23 without activating his siren on the same two-lane road on which
24 Mr. Martinez Silva and his friends were riding their bicycles,
25 reaching speeds between 63 and 69 miles per hour and exceeding
26 the posted speed limit of 40 miles per hour, and
27 WHEREAS, as Officer Bendana approached Mr. Martinez Silva
28 and his friends, Mr. Martinez Silva fell from his bicycle to his
29 left into the eastbound lane and then rolled into the grass
30 shoulder, and
31 WHEREAS, Officer Bendana failed to react and stop his
32 police cruiser, veered his cruiser to the right onto the grass
33 shoulder where Mr. Martinez Silva laid, and fatally struck Mr.
34 Martinez Silva, and
35 WHEREAS, Officer Bendana did not engage the brakes of his
36 police cruiser until 50 feet after striking Mr. Martinez Silva,
37 and
38 WHEREAS, the Estate of Juan Carlos Martinez Silva has
39 alleged, through a lawsuit filed September 14, 2021, that the
40 negligence of Officer Bendana was the proximate cause of Mr.
41 Martinez Silva’s death and that Mr. Martinez Silva’s widow and
42 their daughter suffered damages, including mental pain and
43 anguish and the loss of Mr. Martinez Silva’s support and
44 services, companionship and protection, and parental instruction
45 and guidance, and
46 WHEREAS, on February 12, 2024, after a 6-day trial, a jury
47 found Miami-Dade County liable for the death of Mr. Martinez
48 Silva and, on February 13, 2024, awarded his estate $3 million
49 in damages, and
50 WHEREAS, on July 28, 2024, the circuit court entered a
51 final judgment pursuant to the jury’s verdicts, and
52 WHEREAS, on September 10, 2025, the Third District Court of
53 Appeal affirmed the final judgment of the circuit court after
54 appeal by Miami-Dade County, and
55 WHEREAS, on February 3, 2026, the court entered a cost
56 judgment ordering Miami-Dade County to pay taxable costs in the
57 amount of $61,766.96 to the Estate of Juan Carlos Martinez
58 Silva, and
59 WHEREAS, Miami-Dade County has paid the statutory limit of
60 $300,000 to the Estate of Juan Carlos Martinez Silva under
61 section 768.28, Florida Statutes, but does not support this
62 claim bill, and
63 WHEREAS, this claim bill is for the remaining amount of the
64 judgment on damages and taxable costs, which totals
65 $2,761,766.96, NOW, THEREFORE,
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. The facts stated in the preamble to this act are
70 found and declared to be true.
71 Section 2. Miami-Dade County is authorized and directed to
72 appropriate from funds of the county not otherwise encumbered
73 and to draw a warrant in the sum of $2,761,766.96 payable to the
74 Estate of Juan Carlos Martinez Silva as compensation as a result
75 of the death of Juan Carlos Martinez Silva.
76 Section 3. The amount paid by Miami-Dade County pursuant to
77 s. 768.28, Florida Statutes, and the amount awarded under this
78 act are intended to provide the sole compensation for all
79 present and future claims arising out of the factual situation
80 described in this act which resulted in injuries and damages to
81 the Estate of Juan Carlos Martinez Silva. The total amount paid
82 for attorney fees relating to this claim may not exceed 25
83 percent of the total amount awarded under this act.
84 Section 4. This act shall take effect upon becoming a law.