Bill Text: FL S0050 | 2019 | Regular Session | Introduced


Bill Title: Relief of the Estate of Danielle Maudsley by the Department of Highway Safety and Motor Vehicles

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-05 - Introduced [S0050 Detail]

Download: Florida-2019-S0050-Introduced.html
       Florida Senate - 2019                              (NP)    SB 50
       
       
        
       By Senator Gibson
       
       
       
       
       
       6-00138-19                                              201950__
    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 attorney fees; providing an effective
   12         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 Danielle Maudsley. The
   74  total amount paid for attorney fees relating to this claim may
   75  not exceed 25 percent of the amount awarded under this act.
   76         Section 5. This act shall take effect July 1, 2019.

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