Florida Senate - 2016 (NP) SB 64 By Senator Negron 32-00174C-16 201664__ 1 A bill to be entitled 2 An act for the relief of the Estate of Danielle 3 Maudsley; providing for an appropriation to compensate 4 the Estate of Danielle Maudsley for Ms. Maudsley’s 5 death, sustained as a result of the negligence of 6 Trooper Daniel Cole and the Florida Highway Patrol, a 7 division of the Department of Highway Safety and Motor 8 Vehicles; providing that certain payments and the 9 appropriation satisfy all present and future claims 10 related to the alleged acts; providing a limitation on 11 the payment of compensation, fees, and costs; 12 providing an effective date. 13 14 WHEREAS, on September 19, 2011, 20-year old Danielle 15 Maudsley was arrested for a nonviolent traffic infraction and 16 was subsequently taken to the Florida Highway Patrol substation 17 in Pinellas Park for processing, and 18 WHEREAS, during the processing, Ms. Maudsley attempted to 19 flee through the front door of the substation, and 20 WHEREAS, as Ms. Maudsley exited the front door of the 21 substation, still handcuffed, Trooper Daniel Cole of the Florida 22 Highway Patrol followed her outside, and 23 WHEREAS, Trooper Cole proceeded to remove his electronic 24 control device and fired it directly into Ms. Maudsley’s back, 25 causing her to collapse and fall to the parking lot pavement 26 with great physical force and effect, and 27 WHEREAS, after Ms. Maudsley fell to the pavement, Trooper 28 Cole failed to call emergency responders in a timely fashion or 29 to otherwise provide necessary medical attention, despite Ms. 30 Maudsley’s pleas for assistance in which she stated that she 31 could not get up from the ground, and 32 WHEREAS, Trooper Cole’s seizure of Ms. Maudsley amounted to 33 an alleged use of excessive force, and 34 WHEREAS, as a result of these events, Ms. Maudsley suffered 35 extensive traumatic brain injury and remained in a constant 36 vegetative state until her death on September 15, 2013, and 37 WHEREAS, in May 2015, a settlement agreement was entered 38 into between Julie Goddard, as personal representative of the 39 Estate of Danielle Maudsley, and the Florida Highway Patrol and 40 Trooper Cole to settle the claim arising out of Ms. Maudsley’s 41 death, and 42 WHEREAS, the Florida Highway Patrol and Trooper Cole 43 acknowledged that if this case had gone to trial in the United 44 States District Court for the Middle District of Florida, a jury 45 could reasonably have awarded damages in the amount of $1.95 46 million to the Estate of Danielle Maudsley, and 47 WHEREAS, the settlement agreement required the Division of 48 Risk Management of the Department of Financial Services to pay 49 $200,000 to the Estate of Danielle Maudsley in accordance with 50 the statutory limits of liability set forth in s. 768.28, 51 Florida Statutes, and 52 WHEREAS, Ms. Goddard, as personal representative of the 53 Estate of Danielle Maudsley, seeks satisfaction of the remaining 54 balance of the settlement agreement, which is $1.75 million, 55 NOW, THEREFORE, 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. The facts stated in the preamble to this act are 60 found and declared to be true. 61 Section 2. The sum of $1.75 million is appropriated from 62 the General Revenue Fund to the Department of Highway Safety and 63 Motor Vehicles for the relief of the Estate of Danielle Maudsley 64 for injuries and damages sustained as a result of the death of 65 Danielle Maudsley. 66 Section 3. The Chief Financial Officer is directed to draw 67 a warrant in favor of the Estate of Danielle Maudsley in the sum 68 of $1.75 million upon funds of the Department of Highway Safety 69 and Motor Vehicles in the State Treasury and to pay the same out 70 of such funds in the State Treasury. 71 Section 4. The amount paid by the Division of Risk 72 Management of the Department of Financial Services in accordance 73 with the statutory limits of liability set forth in s. 768.28, 74 Florida Statutes, and the amount awarded under this act are 75 intended to provide the sole compensation for all present and 76 future claims arising out of the factual situation described in 77 this act which resulted in the death of Ms. Maudsley. The total 78 amount paid for attorney fees, lobbying fees, costs, and similar 79 expenses relating to this claim may not exceed 25 percent of the 80 amount awarded under this act. 81 Section 5. This act shall take effect upon becoming a law.