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.