South Miami Employee Accused of Sexual Battery at Public Works Building

A City of South Miami employee has been arrested and charged with sexual armed battery after allegedly assaulting a woman who was working as a cleaner inside the city’s Public Works Department building.

According to the Miami-Dade Sheriff’s Office (MDSO), the incident occurred at the City of South Miami Public Works Department on Southwest 75th Avenue.

• The victim, who had been assigned to clean the building, was inside a bathroom when Nelson Gomez, 47, entered with a knife.
• Authorities say Gomez demanded the victim perform a sexual act. When she refused, he allegedly forced her against the wall and raped her.
• Once freed, the victim immediately left the bathroom and called 911. Deputies who responded to the scene discovered a knife left behind in the bathroom.

Gomez was arrested and taken to the Turner Guilford Knight Correctional Center, where a judge ordered him held without bond.

In a statement, the City of South Miami said it was notified of Gomez’s arrest and is cooperating fully with law enforcement:

“The city is fully cooperating with law enforcement and treating this matter with the utmost seriousness. While the investigation is ongoing, the City will take all appropriate steps in accordance with the law and city policies. We remain committed to transparency and cooperation with law enforcement to ensure a thorough outcome. We understand any community concerns and share the seriousness with which they view this matter.”

Legal and Safety Concerns

This case raises urgent questions not only about criminal liability but also about workplace safety and civil accountability:

• Criminal Charges: Gomez faces a sexual armed battery charge, among the most serious offenses under Florida law. Conviction could result in a life sentence due to the use of a weapon.
• Employer Liability: If it is determined that the City of South Miami failed to properly supervise Gomez or overlooked prior misconduct, there may be grounds for a negligent hiring, retention, or supervision claim.
• Premises Liability & Workplace Safety: Employers have a duty to maintain safe premises for employees and contractors. If the city failed to implement adequate security measures—such as surveillance, access control, or reporting mechanisms—it may face civil liability from the victim.
• Victim’s Rights: Under Florida’s civil law, the victim may pursue a civil lawsuit for damages, including medical expenses, counseling costs, lost income, and compensation for pain and suffering.

Sovereign Immunity in Florida

Because this incident involves a municipal employee, the City of South Miami may assert sovereign immunity under Florida Statutes § 768.28. Sovereign immunity limits the ability to sue government entities but does not eliminate it entirely:

• Waiver of Immunity: Florida law allows victims to sue government entities for certain negligent acts of employees acting within the scope of their employment.
• Exceptions: However, when an employee commits an intentional criminal act such as sexual assault, the city often argues that the employee was acting outside the scope of employment. If accepted, this defense can shield the city from direct liability.
• Potential Avenues of Recovery: The victim’s attorneys may still explore whether the city can be held liable for systemic negligence, such as failing to conduct background checks, ignoring prior complaints, or providing inadequate security at the workplace. These types of failures may be considered operational negligence, for which sovereign immunity can be waived.
• Damages Cap: Even if the city is found liable, sovereign immunity caps damages at $200,000 per person and $300,000 per incident, unless the Florida Legislature passes a special claims bill authorizing higher compensation.

This incident highlights the risks faced by contract workers and cleaning staff, who often work in buildings after hours with limited supervision or security presence. Municipalities and private companies alike may need to reassess safety protocols to ensure that individuals working in vulnerable positions are protected.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent victims of sexual assault and workplace negligence throughout South Florida. These cases require a careful investigation into not only the criminal actions of the perpetrator but also whether systemic failures by an employer or public entity allowed the assault to occur.

If you or a loved one has been a victim of sexual assault or workplace negligence, contact our office for a confidential consultation. Our team will explain how Florida’s sovereign immunity laws may apply and work to hold every responsible party accountable.