Florida Senate - 2017 SB 32 By Senator Gibson 6-00038-17 201732__ 1 A bill to be entitled 2 An act for the relief of the Estate of Danielle 3 Maudsley; providing an appropriation to compensate the 4 Estate of Danielle Maudsley for Ms. Maudsley’s death, 5 sustained as a result of the alleged 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 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, who was still 19 handcuffed, attempted to flee, exiting the substation through a 20 side door, and 21 WHEREAS, as Ms. Maudsley exited the substation, Trooper 22 Daniel Cole of the Florida Highway Patrol followed her outside, 23 and 24 WHEREAS, Trooper Cole proceeded to remove his electronic 25 control device and fired it directly into Ms. Maudsley’s back, 26 causing her to collapse and fall to the parking lot pavement 27 with great physical force and effect, and 28 WHEREAS, as a result of these events, Ms. Maudsley suffered 29 extensive traumatic brain injury and remained in a constant 30 vegetative state until her death on September 15, 2013, and 31 WHEREAS, in May 2015, a settlement agreement was entered 32 into between Julie Goddard, as personal representative of the 33 Estate of Danielle Maudsley, and the Florida Highway Patrol and 34 Trooper Cole to settle all claims arising out of Ms. Maudsley’s 35 death, and 36 WHEREAS, the Florida Highway Patrol and Trooper Cole 37 acknowledged that, if the case had gone to trial in the United 38 States District Court for the Middle District of Florida, a jury 39 could reasonably have awarded damages in the amount of $1.95 40 million to the Estate of Danielle Maudsley, and 41 WHEREAS, the settlement agreement required the Division of 42 Risk Management of the Department of Financial Services to pay 43 $200,000 to the Estate of Danielle Maudsley in accordance with 44 the statutory limits of liability set forth in s. 768.28, 45 Florida Statutes, and 46 WHEREAS, Ms. Goddard, as personal representative of the 47 Estate of Danielle Maudsley, seeks satisfaction of the remaining 48 balance of the settlement agreement, which is $1.75 million, 49 NOW, THEREFORE, 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. The facts stated in the preamble to this act are 54 found and declared to be true. 55 Section 2. The sum of $1.75 million is appropriated from 56 the General Revenue Fund to the Department of Highway Safety and 57 Motor Vehicles for the relief of the Estate of Danielle Maudsley 58 for injuries and damages sustained as a result of the death of 59 Danielle Maudsley. 60 Section 3. The Chief Financial Officer is directed to draw 61 a warrant in favor of the Estate of Danielle Maudsley in the sum 62 of $1.75 million, minus payments required to satisfy outstanding 63 Medicaid liens relating to the medical expenses and care of 64 Danielle Maudsley, upon funds of the Department of Highway 65 Safety and Motor Vehicles in the State Treasury and to pay the 66 same out of such funds in the State Treasury. 67 Section 4. The amount paid by the Division of Risk 68 Management of the Department of Financial Services in accordance 69 with the statutory limits of liability set forth in s. 768.28, 70 Florida Statutes, and the amount awarded under this act are 71 intended to provide the sole compensation for all present and 72 future claims arising out of the factual situation described in 73 this act which resulted in the death of Ms. Maudsley. The total 74 amount paid for attorney fees, lobbying fees, costs, and similar 75 expenses relating to this claim may not exceed 25 percent of the 76 amount awarded under this act. 77 Section 5. This act shall take effect July 1, 2017.