Florida Senate - 2016 (NP) CS for SB 64 By the Committee on Judiciary; and Senator Negron 590-03691-16 201664c1 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 alleged negligence 6 of Trooper Daniel Cole and the Florida Highway Patrol, 7 a division of the Department of Highway Safety and 8 Motor Vehicles; providing that certain payments and 9 the appropriation satisfy all present and future 10 claims related to the alleged acts; providing a 11 limitation on the payment of compensation, fees, and 12 costs; providing an effective date. 13 14 WHEREAS, on September 19, 2011, 20-year old Danielle 15 Maudsley was arrested for nonviolent traffic infractions and was 16 subsequently taken to the Florida Highway Patrol substation in 17 Pinellas Park for processing, and 18 WHEREAS, during the processing, Ms. Maudsley attempted to 19 flee through the side door of the substation, and 20 WHEREAS, as Ms. Maudsley exited the side 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, as a result of these events, Ms. Maudsley suffered 28 extensive traumatic brain injury and remained in a constant 29 vegetative state until her death on September 15, 2013, and 30 WHEREAS, in May 2015, a settlement agreement was entered 31 into between Julie Goddard, as personal representative of the 32 Estate of Danielle Maudsley, and the Florida Highway Patrol and 33 Trooper Cole to settle all claims arising out of Ms. Maudsley’s 34 death, and 35 WHEREAS, the Florida Highway Patrol and Trooper Cole 36 acknowledged that if this case had gone to trial in the United 37 States District Court for the Middle District of Florida, a jury 38 could reasonably have awarded damages in the amount of $1.95 39 million to the Estate of Danielle Maudsley, and 40 WHEREAS, the settlement agreement required the Division of 41 Risk Management of the Department of Financial Services to pay 42 $200,000 to the Estate of Danielle Maudsley in accordance with 43 the statutory limits of liability set forth in s. 768.28, 44 Florida Statutes, and 45 WHEREAS, Ms. Goddard, as personal representative of the 46 Estate of Danielle Maudsley, seeks satisfaction of the remaining 47 balance of the settlement agreement, which is $1.75 million, 48 NOW, THEREFORE, 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. The facts stated in the preamble to this act are 53 found and declared to be true. 54 Section 2. The sum of $1.75 million is appropriated from 55 the General Revenue Fund to the Department of Highway Safety and 56 Motor Vehicles for the relief of the Estate of Danielle Maudsley 57 for injuries and damages sustained as a result of the death of 58 Danielle Maudsley. 59 Section 3. The Chief Financial Officer is directed to draw 60 a warrant in favor of the Estate of Danielle Maudsley in the sum 61 of $1.75 million minus payments required to satisfy outstanding 62 Medicaid liens relating to the medical expenses and care of 63 Danielle Maudsley upon funds of the Department of Highway Safety 64 and Motor Vehicles in the State Treasury and to pay the same out 65 of such funds in the State Treasury. 66 Section 4. The amount paid by the Division of Risk 67 Management of the Department of Financial Services in accordance 68 with the statutory limits of liability set forth in s. 768.28, 69 Florida Statutes, and the amount awarded under this act are 70 intended to provide the sole compensation for all present and 71 future claims arising out of the factual situation described in 72 this act which resulted in the death of Ms. Maudsley. The total 73 amount paid for attorney fees, lobbying fees, costs, and similar 74 expenses relating to this claim may not exceed 25 percent of the 75 amount awarded under this act. 76 Section 5. This act shall take effect July 1, 2016.