Florida Senate - 2022                              (NP)    SB 56
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00177-22                                             202256__
    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 a limitation on the payment of
    9         compensation and attorney fees; providing an effective
   10         date.
   11  
   12         WHEREAS, on September 19, 2011, 20-year-old Danielle
   13  Maudsley was arrested for nonviolent traffic infractions and was
   14  subsequently taken to the Florida Highway Patrol substation in
   15  Pinellas Park for processing, and
   16         WHEREAS, during the processing, Ms. Maudsley, who was still
   17  handcuffed, attempted to flee, exiting the substation through a
   18  side door, and
   19         WHEREAS, as Ms. Maudsley exited the substation, Trooper
   20  Daniel Cole of the Florida Highway Patrol followed her outside,
   21  and
   22         WHEREAS, Trooper Cole proceeded to remove his electronic
   23  control device and fired it directly into Ms. Maudsley’s back,
   24  causing her to collapse and fall to the parking lot pavement
   25  with great physical force and effect, and
   26         WHEREAS, as a result of these events, Ms. Maudsley suffered
   27  extensive traumatic brain injury and remained in a constant
   28  vegetative state until her death on September 15, 2013, and
   29         WHEREAS, in May 2015, a settlement agreement was entered
   30  into between Julie Goddard, as personal representative of the
   31  Estate of Danielle Maudsley, and the Florida Highway Patrol and
   32  Trooper Cole to settle all claims arising out of Ms. Maudsley’s
   33  death, and
   34         WHEREAS, the Florida Highway Patrol and Trooper Cole
   35  acknowledged that, if the case had gone to trial in the United
   36  States District Court for the Middle District of Florida, a jury
   37  could reasonably have awarded damages in the amount of $1.95
   38  million to the Estate of Danielle Maudsley, and
   39         WHEREAS, the settlement agreement required the Division of
   40  Risk Management of the Department of Financial Services to pay
   41  $200,000 to the Estate of Danielle Maudsley in accordance with
   42  the statutory limits of liability set forth in s. 768.28,
   43  Florida Statutes, and
   44         WHEREAS, Ms. Goddard, as personal representative of the
   45  Estate of Danielle Maudsley, seeks satisfaction of the remaining
   46  balance of the settlement agreement, which is $1.75 million,
   47  NOW, THEREFORE,
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. The facts stated in the preamble to this act are
   52  found and declared to be true.
   53         Section 2. The sum of $1.75 million is appropriated from
   54  the General Revenue Fund to the Department of Highway Safety and
   55  Motor Vehicles for the relief of the Estate of Danielle Maudsley
   56  for injuries and damages sustained as a result of the death of
   57  Danielle Maudsley.
   58         Section 3. The Chief Financial Officer is directed to draw
   59  a warrant payable to the Estate of Danielle Maudsley in the sum
   60  of $1.75 million, minus amounts required to satisfy outstanding
   61  Medicaid liens relating to the medical expenses and care of
   62  Danielle Maudsley, upon funds of the Department of Highway
   63  Safety and Motor Vehicles in the State Treasury and to pay the
   64  same out of such funds.
   65         Section 4. The amount paid by the Division of Risk
   66  Management of the Department of Financial Services in accordance
   67  with the statutory limits of liability set forth in s. 768.28,
   68  Florida Statutes, and the amount awarded under this act are
   69  intended to provide the sole compensation for all present and
   70  future claims arising out of the factual situation described in
   71  this act which resulted in the death of Danielle Maudsley. The
   72  total amount paid for attorney fees relating to this claim may
   73  not exceed 25 percent of the amount awarded under this act.
   74         Section 5. This act shall take effect July 1, 2022.